Will Drafting Services in Ho Chi Minh City1s

12 February, 2026 15 Views

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Trung Chu

Luật Sư

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Currently, in Ho Chi Minh City, will drafting services are increasingly in demand to meet the growing need for asset management and protection of family rights. Professional will drafting services assist clients in preparing legally valid, clear, and comprehensive wills in full compliance with the law. With support from experienced lawyers, clients receive detailed consultation on inheritance rights, asset distribution, and strategies to prevent future legal disputes. This service not only provides peace of mind but also ensures that your wishes are executed accurately and transparently.

The Necessity of Drafting a Will

Will Drafting Services in Ho Chi Minh City1s

Drafting a will ensures that the testator’s wishes regarding the disposition of their assets are fulfilled after their passing. In many cases, asset owners prefer not to transfer ownership during their lifetime but only after death. A will is the most effective means to achieve this objective.

Drafting a will helps avoid prolonged disputes. With a valid will, heirs are informed of the testator’s intentions regarding the distribution of the estate and can proceed accordingly. Even if disputes arise concerning the execution of the will, such disputes are generally resolved more expeditiously.

A will serves as key documentary evidence of the origin of inherited assets, particularly in cases involving disputed property without formal title documents. In such instances, the will is regarded as critical evidence establishing the testator’s ownership and use rights over the assets.

Conditions for a Legally Valid Will

Pursuant to Article 630 of the Civil Code 2015, a will is legally valid under the following circumstances:

A will disposing of an estate must satisfy all of the following conditions:

At the time of drafting, the testator must be of sound mind and not subject to deception, threat, or coercion;
The contents of the will must not violate social morality or prohibited provisions of law;
The form of the will must comply with legal requirements.
A will drafted by a person aged 15 to under 18 years must:
Be in writing;
Have the consent of the parents or legal guardian.
A will drafted by a person with physical limitations or who is illiterate must be recorded in writing by a witness and notarized or certified;
An unwitnessed written will that is neither notarized nor certified is valid only if it meets the conditions listed above;

An oral will is valid only if:

The testator expresses their final wishes in the presence of at least two witnesses, who record the wishes and sign or affix their fingerprints;
Within five working days from the date the testator expresses their final wishes, the will must be certified by a competent authority confirming the signatures or fingerprints of the witnesses.

In addition, for a will to be effective, it must contain all required elements as stipulated in Article 631 of the Civil Code 2015 and must be prepared in accordance with the procedures applicable to the chosen form of will.

Legal Provisions Relating to Wills

Will Drafting Services in Ho Chi Minh City1s

Documents Required for Drafting a Will in Ho Chi Minh City

Identity Card, Citizen Identity Card, or other valid identification documents (passport, defense employee certificate, temporary identification, officer identification), household registration book, or residence confirmation of the testator.
Original valid documents proving ownership and rights over the assets to be bequeathed.
Documents proving whether assets are joint or separate property under the Law on Marriage and Family.
Health examination certificate of the testator issued by a hospital or district-level medical center.

Procedure for Drafting a Will in Ho Chi Minh City

After preparing the complete dossier with all required documents, the testator visits the People’s Committee of the commune/ward or a notary public office to proceed with drafting the will. The notary public or competent authority will verify and certify the contents of the will.
Once notarized or certified, the will becomes legally effective.

Effectiveness of a Will

Pursuant to Article 643 of the Civil Code 2015:

A will takes effect from the time of opening the inheritance, i.e., the moment the testator passes away.
The will is not effective with respect to assets bequeathed to an heir if those assets no longer exist at the time of opening the inheritance.
If only part of the bequeathed assets remains, the will remains effective with respect to the remaining portion.
If a part of the will is invalid and does not affect the validity of the remaining parts, only the invalid part loses effect.

Certain Issues Related to Will Drafting in Ho Chi Minh City

Conditions Regarding the Testator’s Capacity Under the Law

– The testator must be an adult of sound mind at the time of drafting and not subject to deception, threat, or coercion.
– A person aged 15 to under 18 years may draft a will only with the consent of parents or legal guardian and in writing.
– A person with physical limitations or who is illiterate must have the will recorded in writing by a witness and notarized or certified.

Cases in Which a Will Is Invalid

The will is invalid if the testator lacks legal capacity to draft a will;
The will is invalid if its contents or purpose violate prohibited provisions of law or social morality;
The will is invalid if it fails to comply with legally prescribed formal requirements;

When Is a Witness Mandatory for Drafting a Will?

Under current regulations, if the testator is unable to write the will personally, another person may write or type it, provided there are at least two witnesses.
For at-home will drafting services without notarization, where the testator cannot write the will themselves, the presence of witnesses is mandatory for validity.
If a witness does not meet the required qualifications or is one of the statutory or designated heirs, this may affect the will’s validity.

Will Drafting Consultation Services Provided by BKC Law in Ho Chi Minh City

BKC Law’s will drafting consultation service in Ho Chi Minh City is designed to deliver professional, dedicated, and effective support, ensuring clients’ rights and assets are fully protected. With a team of highly experienced lawyers possessing extensive knowledge of civil law, we not only assist in drafting legally compliant wills but also ensure that the contents accurately reflect the testator’s true intentions and wishes.

The consultation process at BKC Law is conducted with meticulous care, including advice on relevant legal rights and obligations, identification of assets, designation of heirs, and appropriate distribution methods. We also verify the legal validity of the will to prevent future risks and provide solutions to optimize benefits for all parties involved.

Furthermore, BKC Law guarantees absolute confidentiality of client information, ensuring all discussions remain strictly private. Whether clients require a handwritten will, notarized will, or consultation in special inheritance-related cases, we are ready to provide comprehensive support.

For free legal consultation at BKC Law, please contact our lawyers using the following details:
Phone: 0901 333 341
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan, District 1, Ho Chi Minh City
Binh Tan Office: 41 Ten Lua, Binh Tan District, Ho Chi Minh City