Home / Subjects can not testify to make real estate inheritance will

Subjects can not testify to make real estate inheritance will

19/05/2022

According to Article 632 of the Civil Code 2015, witnesses to the making of a will inheriting land use rights and house ownership rights (collectively referred to as houses and land) are as follows:

Ảnh minh họa
Illustrative image

Everyone can testify to the making of a will, except the following:

In addition, the heir-at-law of the testator are also not allowed to testify for the making of this will, that is: The heirs (the person who has a marriage, blood, or foster relationship with the testator) and belongs to the inheritance rank.

(1) An heir under the will or at law of the testator.

The person to whom the testator gives the estate according to the will will not be able to testify.

(2) Persons with property rights and obligations related to the content of the will.

(3) Minors, people who have lost their civil act capacity, people with difficulties in cognition and behavior control:

- A minor is a person under the age of 18.

A person who has lost his/her civil act capacity is a person who has been declared by a court to have lost his/her civil act capacity on the basis of a psychiatric forensic examination conclusion.

The court does not arbitrarily issue a decision declaring a person incapacitated for civil acts, but when a person suffers from a mental illness or another disease but cannot perceive and control his/her acts, it shall upon request of persons with related rights and interests or of concerned agencies and organizations; and silmutaneously make decisions based on a psychiatric assessment.

- A person with difficulty in perception and behavior control is a person who is declared by a court to have difficulty in perception and behavior control, specifically:

Those from 18 years or older due to their physical or mental conditions not be capable of perceiving and controlling their acts but not yet to lose their civil act capacity, at the request of this person, the lawful person, concerned person to the interests or agencies or organizations, based on the forensic mental examination, the Court shall issue a decision to declare this person with difficulty in cognition and behavior control and only identification of guardians, determination of rights and obligations of guardians.