Will Drafting Services Advised by Specialized Attorneys.

12 February, 2026 25 Views

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Drafting a Will is a crucial step to protect your rights and those of your family, while ensuring that your assets are distributed exactly according to your wishes. It is not merely a legal formality but also a responsibility toward your loved ones. To ensure the will is legally valid and to minimize the risk of disputes, consultation with a specialized lawyer will help you carry out the process clearly, transparently, and in full compliance with legal regulations.

Rights of the Testator

Will Drafting Services Advised by Specialized Attorneys.

Pursuant to Article 626 of the Civil Code 2015, the rights of the testator include the following:
– Designating heirs; disinheriting an heir;
– Allocating specific portions of the estate to each heir;
– Designating a portion of the estate for donation or for religious/ceremonial purposes;
– Imposing obligations on heirs;
– Appointing a custodian of the will, an estate administrator, or a person to divide the estate.

Forms and Content of a Will under Legal Regulations

Wills are classified into two main types: Oral Wills and Written Wills. Details are as follows:

*Written Wills include:
– Written will without witnesses;
– Written will with witnesses;
– Notarized written will;
– Certified written will.

*Oral Wills are recognized by law in the following cases:
– When a person’s life is in danger and they are unable to make a written will, they may make an oral will.
– If three months have passed since the oral will was made and the testator remains alive, lucid, and sound of mind, the oral will shall automatically cease to be recognized.

A legally valid will must contain the following essential elements:

Date: The day, month, and year the will is made.
Full name and permanent residence address of the testator.
Full name and permanent residence address or headquarters of the individual(s), organization(s) designated to inherit the estate.
Description of the estate left behind and the location of the assets.

When Does the Will Take Effect?

Pursuant to Clause 5, Article 643 of the Civil Code 2015, a will takes effect from the time of opening of inheritance, and shall not be recognized as effective in whole or in part in the following cases:

The heir designated under the will dies before or at the same time as the testator.
The agency or organization designated to inherit under the will no longer exists at the time of opening of inheritance.

Why Professional Legal Assistance from a Specialized Lawyer Is Necessary When Drafting a Will

Protecting the Rights and Interests of Relevant Parties

Dependents: The law provides that the testator may not deprive certain heirs of their minimum inheritance rights if they are unable to support themselves (e.g., minor children under 18 years of age, parents incapable of working). If the will violates this rule, it may be declared partially or wholly invalid.
Advice on Rights and Obligations: A lawyer helps the testator clearly understand what they can and cannot do within the legal limits. For example:
- Disinheritance is possible but must be based on lawful grounds.
- Appointment of a person to oversee the execution of the will to prevent family disputes.

Preventing Legal Risks and Avoiding Disputes

Inheritance Disputes: An unclear or legally defective will may lead to lawsuits by heirs, resulting in significant time, expense, and family conflict.
Ensuring Validity: A lawyer will advise on the appropriate method of notarization or certification, and may recommend storing the will with a notary office to protect its legal integrity and prevent alteration or forgery.

Handling Special or Complex Assets

Assets Located Abroad: Where assets are situated in multiple jurisdictions, a lawyer will assist in determining the applicable law and required procedures to ensure the will is effective in both Vietnam and foreign countries.
Corporate Shares or Business Interests: If the testator holds shares or interests in a company, a lawyer will advise on how to transfer such rights without disrupting company operations or violating the company’s charter.

Assistance with Legal Procedures

Notarization and Certification: Lawyers assist in preparing the necessary dossier for notarizing the will, ensuring no issues arise during the certification process. Notarization is an effective way to prevent future legal disputes.

Safe Storage of the Will: Lawyers can advise on secure storage options, such as depositing the will with a notary office or a bank, to prevent loss or unauthorized alteration.

Inheritance Legal Services Provided by BKC Law

Will Drafting Consultation

This service assists clients in preparing a legally valid and effective will to ensure the testator’s wishes are fulfilled after their passing.

Legal Analysis and Assessment of Assets:
- Review and classify assets owned by the testator (separate property, marital joint property, disputed assets).
- Advice on complex assets such as land, company shares, or overseas property.
Selection of Appropriate Will Form:
- Advice on preparing a written will (with or without notarization/certification).
- Guidance on making an oral will in emergency situations, ensuring compliance with legal requirements.
Drafting the Will:
- Draft a clear, legally compliant will that avoids common errors leading to disputes or invalidation.
- Ensure protection of minimum inheritance rights for dependents who cannot be disinherited (e.g., minors under 18, incapacitated persons, elderly parents).

Inheritance Dispute Consultation and Resolution

This is a complex legal area requiring in-depth intervention by lawyers to resolve conflicts among heirs.

Determination of lawful inheritance rights
Resolution of disputes over inherited assets
Mediation and negotiation
Representation in court proceedings

Consultation on Estate Management and Division

After a person’s death, estate management and division often involve numerous legal issues. This service ensures the process proceeds smoothly and transparently.

Consultation on Taxes and Financial Obligations Related to Inheritance

In the inheritance process, heirs often face financial obligations such as taxes or debts related to the assets.

Legal Support Process at BKC Law

BKC Law receives information from clients, reviews the legal documents provided to understand the nature of the case, clarifies any unclear details to accurately determine the objective facts of the matter, and compares them with applicable legal provisions so that clients are fully informed of the laws governing their situation.

Lawyers at BKC Law explain the legal nature of the client’s case to ensure clear understanding, and provide a comprehensive legal overview of the circumstances the client is facing.

We propose the most effective resolution options for the client to choose from.

We quote the package legal service fee if the client wishes to engage BKC Law to represent them in resolving the matter.

Fees for Professional Lawyer Assistance in Will Drafting Consultation

The cost for consultation and will drafting assistance may vary depending on the nature, complexity of the will, and the client’s specific requirements. Fees typically range from 1,500,000 VND to 5,000,000 VND.

To receive free legal consultation at BKC Law, please contact our lawyers using the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City