However, in many cases, creating last will and testament is not as straightforward as one might think. To ensure legal validity and avoid future complications, consulting a lawyer well-versed in this field is essential. In today's technological age, clients no longer need to meet lawyers in person. Instead, from the comfort of their homes or workplaces, they can be legally consulted through online platforms. This article aims to help clients understand the advantages of the last will and testament Lawyer in Nha Trang City.

1. What is a testament?

According to Article 624 of the 2015 Civil Code, a testament is an individual's expression of intent to transfer their assets to others after death. The testament takes effect from the moment the testator passes away, also known as the “inheritance opening moment”.

2. What are the requirements for a valid last will and testament?

Many people believe that creating the last will and testament is simply a matter of “putting one's wishes on paper”. This belief is insufficient and can lead to unwarranted disputes. To ensure the legality of the last will & testament and meet the requirements for the equitable distribution of assets among heirs, the drafting of a last will & testament must comply with the content and form according to the law, including:

• Requirements regarding the testator:
  • The testator must be sound-minded and clear-headed when creating the last will & testament, without being deceived, threatened or coerced.
  • For individuals aged between fifteen and eighteen, the last will & testament must be in writing and approved by the father, mother or legal guardian.
  • For individuals with physical limitations or illiterate individuals, the last will & testament must be made in writing by witnesses and notarized or authenticated.
• Requirements regarding the content: The content of the last will & testament must not violate legal prohibitions or contravene social ethics.

• Requirements regarding the form: The form of the last will & testament must comply with legal regulations, either in writing or orally.
  • For the last will & testament in writing, it must be notarized or witnessed by at least two individuals.
  • For an oral last will & testament, it must be witnessed by at least two individuals, recorded and notarized/authenticated within five working days from the date the testator orally expresses their final intent.

• Requirements regarding the witnesses:

• Witnesses must be individuals with full capacity for civil conduct (aged eighteen or above, not deprived or limited in civil conduct, or experiencing difficulties in perception and control of conduct).

• Witnesses cannot be heirs or have rights or obligations concerning the assets in the last will & testament.

3. What are the benefits of creating a last will & testament?

With many years of experience, Last will & testament Lawyers in Nha Trang City have witnessed family conflicts, tragedies and legal disputes that drag families to the tumultuous courtroom, demanding the division of every square meter of land. This is not just a matter of material possessions but also a narrative of emotional and spiritual turmoil that impacts the present and future generations, causing significant loss. Understanding this, Last will & testament Lawyers in Nha Trang City share some reasons why creating a last will & testament is essential:

• A last will & testament is a document that reflects the desires of the deceased regarding their assets or on a deeper side, the final wishes of the deceased for their loved ones. A legally valid and reasonable testament helps maintain family bonds, allows the fulfillment of the deceased's wishes, and ensures that the inherited assets benefit the descendants rather than becoming a source of family pain.

• Drafting a last will & testament allows the testator to review and examine their entire estate, helping them perfect the legal status of their assets (such as land without the certificate, unregistered properties, shares in various companies, etc.). This also facilitates a smoother inheritance process for the beneficiaries.

• Creating a last will & testament can help the beneficiaries save costs and time compared to going through the court for property division.

4. Disputes arising despite having a last will & testament

According to the provisions of the 2015 Civil Code, last will & testament can be created in various forms, such as notarized written documents, witnessed written documents, or oral testament. Regardless of the form, as long as the requirements are met, the last will & testament is legally valid. However, not every last will & testament is created legally according to the regulations to be legally recognized. Last will & testament Lawyers in Nha Trang City highlight cases where a last will & testament may not be effective:

• The last will & testament is created when the testator is not mentally sound and clear-headed.

• The last will & testament is created when the testator is deceived, threatened, or coerced.

• The last will & testament contains content that violates legal prohibitions or social ethics.

• The last will & testament is not notarized according to regulations, lacks witnesses, or the witnesses do not meet the legal requirements.

5. Why do you need a Last will & testament Lawyer in Nha Trang City?

A legally testament is the foundation for determining the deceased's estate and helps minimize disputes among heirs. However, without proper knowledge, a last will & testament that does not adhere to legal regulations in terms of form and content may be deemed invalid. Or a last will & testament with unclear content may lead to disputes among family members. Therefore, if you are considering creating a last will & testament or are in the process of doing so, here are reasons to hire a Last will & testament Lawyer in Nha Trang City:

• The lawyer shall advise on solutions to overcome the testator's difficulties in accordance with the actual situation;

• The lawyer shall list and compile the necessary documents to ensure the legal validity of the last will & testament.

• The lawyer shall guide the distribution of the estate to each heir, advising on suitable allocations and religious or cultural considerations.

• The lawyer shall help formulate a last will & testament that closely aligns with the testator's intent and complies with legal regulations.

• The lawyer shall offer legal advice to minimize situations such as changes to the testament/declarations of testament invalidity or testament disputes arising after the testator's death.

• A lawyer shall help complete a last will & testament with reasonable content and legal form, minimizing the potential for disputes when the testator passes away.

6. Criteria for choosing a Last will & testament Lawyer in Nha Trang City

When creating a last will & testament, clients need to choose a reputable, dedicated, and professional Lawyer to ensure the highest legal validity of the last will & testament, closely aligning with the testator's intentions, while preserving the family's harmony. The basic criteria for choosing a Last will & testament Lawyer in Nha Trang City are:

• Must have ethics and dedication to the job, serving the legitimate purposes of the client.

• Must possess extensive legal knowledge in testament, inheritance, property inheritance and related laws.

• Must have high analytical and problem-solving skills to efficiently address client issues.

• Must have deep experience accumulated through academic study, training, and practical experience in resolving cases in courts and/or other legal institutions.

• Must have a well-coordinated team to provide optimal support and collaboration, offering the best solutions for clients.

• Must have an understanding of social life and value family emotional bonds.

7. Testament template and guidelines

Tải về tại đây

Download [here]

8. Services provided by Last will & testament Lawyers in Nha Trang City

Consultation on creating a Last will & testament:

• Counseling on the form, content and requirements for creating a Last will & testament; guiding on the procedures for creating a Last will & testament for individual or joining property ownership, common marital assets, to ensure a legally valid testament.

• Counseling on issues related to the ownership rights of the testator to ensure the legal determination of the testator's property rights.

• Counseling on creating a Last will & testament for assets with specific characteristics regulated by other laws in areas such as business, real estate, etc.

• Counseling on the rights and obligations of parties involved in creating a Last will & testament.

• Counseling on other issues related to creating a Last will & testament.

Consultation on inheritance regulations according to the Last will & testament:

• Counseling on designating heirs, disinheriting individuals from inheritance rights.

• Counseling on allocating the inheritance for each heir, specifying the portion for donation or worship;

• Counseling on assigning duties to heirs.

• Counseling on designating the testament custodian, estate manager, and asset distribution authority.

• Counseling on heirs not dependent on the testament’s content.

• Counseling on modifying, supplementing, replacing, or revoking a last will & testament.

• Counseling on creating joint testament for spouses.

• Counseling on modifying, supplementing, replacing, or revoking joint testament for spouses.

• Counseling on the testament submission procedure.

• Counseling on the legal validity of the testament.

• Counseling on the testament declaration procedure.

• Counseling on explanation of the testament’s content.

• Counseling on other issues related to inheritance according to the testament.

Drafting and procedural implementation:

• Drafting a Last will & testament that reflects the testator's intentions.

• Liaising with competent authorities and organizations to complete notarization and authentication procedures as per legal regulations on inheritance.

• Guiding the notarization, authentication or designating witnesses.

Counseling on inheritance disputes according to the Last will & testament:

• Counseling on resolving disputes over inherited property.

• Counseling on resolving disputes over inheritance rights.

• Counseling on resolving disputes in the distribution of inheritance according to legal regulations or the Last will & testament among co-heirs.

• Counseling on resolving disputes related to inheritance by the last will & testament or by law for inheritance that is a specific asset governed by relevant areas of law;

• Counseling on resolving inheritance disputes through reconciliation or negotiation.

• Counseling on resolving inheritance disputes through litigation in the competent People's Court.

• Counseling on other issues related to inheritance disputes according to the Last will & testament and the law.

Participating in resolving inheritance disputes according to the Last will & testament:

• Representing and/or being together with clients in mediating and negotiating with co-heirs to minimize arising disputes.

• Representing clients in working with competent state agencies, organizations, and individuals to request cooperation in the inheritance distribution process according to the Last will & testament.

• Representing clients in filing complaints and petitions to ensure their rights in inheritance disputes.

• Representing/participating in protecting the legal rights and interests of clients in inheritance cases at various levels of the People's Court, competent state agencies or other relevant organizations.

• Representing clients in the enforcement of judgments to request the enforcement authority to enforce legally effective judgments.

9. Phong & Partners Law Firm provides online legal services for the Last will & testament in Nha Trang City

9.1 Convenience of using the Last will & testament in Nha Trang City under online form

When the Internet has become an integral part of society, connecting with lawyers no longer necessarily requires a direct visit to the lawyer's office. Phong & Partners offers online legal consultation services, providing legal services nationwide and across borders, with the aim of providing the best experience for clients. Here are some conveniences when using online testament consultation services in Nha Trang City:

• Savings time and effort traveling to meet a lawyer.

• Flexible scheduling, even outside of business hours.

• No geographical constraints.

• Accessing a variety of lawyers for consultation, ensuring finding a lawyer with the right expertise, experience and ethics.

• Having entitled to record consultations for future reference.

• Involvement of multiple family members or company personnel in consultations through platforms like Zoom or Google Meet.

• Keeping secure and confidential information.

• Transparent service fees.

9.2. 05 things to do when using the last will & testament Lawyer services under online form

To ensure quality when using online the last will & testament Lawyer services, clients should note the following:

• Requesting information about the online lawyer's qualifications and experience.

• Requiring the lawyer and the law firm to take responsibility for the content of the online consultation.

• Requesting to record the entire consultation.

• Agreeing in advance on online consultation fees.

• Refusing online consultation if the consultant is not a qualified lawyer or the lawyer registered for consultation is different.

9.3. Online consultation process at Phong & Partners Law Firm

The process for using online trademark lawyer services in Nha Trang City at Phong & Partners Law Firm is as follows:

Step 1: Contacting Phong & Partners Law Firm to schedule an appointment via phone or email.

Phone: 02363 822 678 – 0905 79 4678

Email: phongpartnerslaw@gmail.com

Step 2: Providing basic requirements and preliminary information related to the case.

Step 3: Receiving a consultation fee quote from a Specialist or a consultation fee notification.

Note: In case the client agrees to the service, proceed to the following steps.

Step 4: Transfering the appointment fee and arrange a consultation appointment.

Step 5: The lawyer contacts for consultation according to the scheduled appointment or sends a consultation letter to address the issue promptly and efficiently.

Step 6: Clients provide feedback on the consultation results and fulfill payment obligations if applicable 

10. Related Questions

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https://phong-partners.com/luat-su-thua-ke-quan-hai-chau-6-luu-y-quan-trong-khi-lap-di-chuc-nam-2023

(2) Land without a certificate, Can you create a last will & testament for your children?

https://cadn.com.vn/dat-chua-co-so-lap-di-chuc-de-lai-cho-con-duoc-khong-post277319.html#:~:text=Vi%E1%BB%87c%20ch%C6%B0a%20c%C3%B3%20s%E1%BB%95%20%C4%91%E1%BB%8F,th%E1%BB%ABa%20k%E1%BA%BF%20theo%20di%20ch%C3%BAc.

(3) 06 Reasons to retain a last will & testament lawyer

https://phong-partners.com/06-ly-do-nen-thue-luat-su-da-nang-khi-lap-di-chuc-nam-2023

(4) If grandparents pass away, leaving a non-notarized, authenticated testament with no witnesses, is that will legally valid?

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PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Da Nang City

1. Phong & Partners Law Firm in Hai Chau - Thanh Khe

Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.

Phone: 02363 822 678 - 0905 102 425

2. Phong & Partners Law Firm in Son Tra

Address: 01 Dong Giang, Son Tra district, Da Nang.

Phone: 0905 205 624

3. Phong & Partners Law Firm in Lien Chieu

Address: 21 Truong Van Da, Lien Chieu District, Da Nang.

Phone: 0961 283 093

4. Phong & Partners Law Firm in Ngu Hanh Son

Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.

Phone: 0905 579 269

5. Phong & Partners Law Firm in Cam Le - Hoa Vang

Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.

Phone: 0901 955 099

Email: phongpartnerslaw@gmail.com

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Phong & Partners Lawyer in Ho Chi Minh city
Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City. 
Tel: 0905.503.678
Email: phongpartnerslaw.hcmc@gmail.com