In April 2018, I made a notarized will, but now I want to change a part of the will, is it possible, what is the procedure? (Thursday Phuong)
Article 650 of the Civil Code regulates changes, additions, replacements, and cancellations of wills as follows:
– The beneficiary can change, add, replace or cancel the will at any time.
– In the event that the testator adds a will, the will that is made and the additional part has the same legal effect; if a part of a will is made and the additions contradict each other, only the additional part has legal force.
– In the event that the testator replaces the will with a new will, the previous will is annulled.
According to Clause 3, Article 56 of the 2014 Notary Law, the will has been notarized, but then the testator wishes to change, add, replace or cancel part or all of the Notary’s will from the change, addition, replacement or cancellation. In the event that the will was previously deposited with a notary practice organization, the testator must notify the notary practice organization of the change, addition, replacement or cancellation of the will.
Based on the above provisions, in the event that the will is notarized, the testator has the right to change, add, replace or cancel the will at any time.
Note, according to Paragraph 1, Article 630 of the 2015 Civil Code, a valid will must fully meet the following requirements: the testator is wise and prudent in making a will; not cheated, threatened or coerced; the contents of the will do not violate legal prohibitions, do not conflict with social ethics; the form of a will does not conflict with the provisions of the law.
Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association.