Di chúc có cần công chứng không? (Luật sư Lê Bình Phương phân tích)Does a Will Need to Be Notarised? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

When discussing making a will, one of the first questions is “does it need to be notarised?”. Many people are reluctant to incur the fee and wary of the procedure. Others think that a will that is not notarised has no validity — this is a common misunderstanding.

This article fully analyses the forms of will under the Civil Code 2015, compares the legal validity of a notarised will and a non-notarised will, and gives advice for each specific situation.

Relevant Legal Provisions

Civil Code 2015 — Article 627 (Form of a will): A will must be made in writing; if a written will cannot be made, an oral will may be made.

Civil Code 2015 — Article 628 (Written will): A written will includes: (1) without a witness; (2) with a witness; (3) with notarisation; (4) with authentication.

Civil Code 2015 — Article 636: Provides the procedure for making a will at a notarial practice organisation or the commune-level People’s Committee. The testator declares the content, the notary records it, the testator signs/places a fingerprint to confirm, and the notary signs to certify.

Law on Notarisation 2014 — Articles 55, 56: Provide the procedure for notarising a will and the keeping of the original at the notary office.

Analysis and Application

According to lawyer Lê Bình Phương, the choice of whether to notarise a will should be weighed against four criteria:

Criterion 1 — Evidentiary value: A notarised will has very high evidentiary value and a low likelihood of being disputed; a handwritten will has medium evidentiary value and a high likelihood of dispute.

Criterion 2 — Complexity of the assets and the family: A simple family with small assets: a handwritten will is enough. Large assets or real estate: you should notarise. A complex family (multiple spouses, children from other relationships): notarisation is mandatory.

Criterion 3 — Health and age: A person over 70, or with a medical history affecting cognition, should notarise and request an accompanying psychiatric health certificate.

Criterion 4 — Ability to safeguard: A notarised will has its original kept at the notary office and can be retrieved if lost. This is a very great advantage of a notarised will.

The procedure to notarise a will: (1) Go to the notary office with your ID card and property documents; (2) Discuss the content with the notary; (3) Read back the entire content and confirm it accords with your will; (4) Sign before the notary; (5) The notary signs, stamps, and keeps the original. Fee: VND 500,000 – VND 2 million.

Can a notarised will be changed/revoked? Yes. The testator has the right to change, amend, or revoke the will at any time. A later lawful will automatically replaces the earlier will under Article 640 of the Civil Code.

Real-World Situation

Mrs N. (78 years old) has 3 children: two daughters who are married and live separately, and a son who lives with and cares for her. She has a house worth VND 5 billion and VND 1 billion in bank deposits. She wants to leave the house to her son and divide the money equally among the three.

The lawyer’s advice: with large assets and complex relationships, Mrs N. should notarise her will. The procedure: obtain a psychiatric health certificate confirming she is of sound mind, go to the notary office with her ID card and red book, and the notary drafts the will according to the content Mrs N. declares. Fee: VND 1.5 million.

After 5 years, Mrs N. dies. The two daughters sue, claiming the will was made when their mother was not of sound mind — the court dismisses the claim because there is notarisation + a psychiatric health certificate contemporaneous with the making of the will. The will is fully valid.

Frequently Asked Questions

Is a will required to be notarised? → Not required.

According to lawyer Lê Bình Phương, the Civil Code recognises 4 forms of written will, and notarisation is only one option. However, notarisation significantly reduces the risk of dispute — especially for high-value assets.

In which cases should a will definitely be notarised? → Large assets, a complex family, or a testator who is elderly/ill.

According to lawyer Lê Bình Phương, there are three main signs: (1) real estate or assets over VND 1 billion, (2) there is a person protected under Article 644 and you want an unequal division, (3) the testator is over 70 or has a medical history. If any one of the three applies, notarise.

About how much is the fee to notarise a will? → VND 500,000 – VND 2 million depending on the locality.

According to lawyer Lê Bình Phương, this is an extremely reasonable fee compared with the risk of a dispute costing hundreds of millions in court fees and lawyer’s fees later.

Important Notes

A notarised will can still be declared void if: (a) it is proven that the testator was coerced/deceived at the time of notarisation, (b) at the time of notarisation the testator was no longer of sound mind (requiring forensic assessment), (c) the content of the will violates a prohibition of the law. Notarisation is not an “all-powerful shield” — but it is the strongest shield currently available.

Related Articles

• How to write a lawful will in 2026
• Is an oral will lawful
• Can parents disinherit a child

Conclusion

A will is not required to be notarised — a handwritten will, a will with a witness, or one authenticated at the commune-level People’s Committee all have legal validity. However, a notarised will has the highest evidentiary value and best reduces the risk of dispute. For high-value assets, a complex family, or an elderly testator — notarising the will is the safe choice. The notarisation fee ranges from VND 500,000 to VND 2 million — very cheap compared with the cost of resolving a dispute later.

See also: Who is Lawyer Lê Bình Phương?