As a TRC holder, who do I need to see to write my will? A lawyer or a notary?
As a TRC holder, who do I need to see to write my will? A lawyer or a notary?
In principle, there a few things you might want to consider as a foreigner. The most important would be the impact of the VN will on assets located abroad.
Depending on the type of assets located in Vietnam and your country of origin, a VN will may or may not be necessary. There is also a possibility that the dispositions you want to make cannot be easily accommodated by the local Law or the notarial practice.
Generally, a VN will should be done at a notary's office. Any document prepared by the notary has to be written in Vietnamese. It is possible to attach an English translation to it, but not all notaries may be able to offer this service.
It is always a good idea to talk to a lawyer experienced with preparing wills for foreigners before going to the notary. A lawyer can prepare a draft will for you, but, if you want the will to be notarized, the notary will have to approve the draft prepared by the lawyer.
If you are fluent in Vietnamese and the dispositions are straightforward, you may consider going directly to a notary.
You can DM me if you need more info. Please note that the above is not legal ad
vice.
Thank you for your advice. To be clear, I have no assets in my home country but I do have a probated will which I want to replace by a new will in Vietnam. Other than my personal belongings, I have no asset in Vietnam other than money which I want to bequeath to Vietnamese charities.
My next question is: does anyone know of a lawyer or notary experienced with preparing wills for foreigners in Vietnam?
As a TRC holder, who do I need to see to write my will? A lawyer or a notary?
-@Vagues
Little bit off topic I suppose but....
I have some little experience with this & also the intricacies & complications of death of a foreigner in Vietnam (a previous post on here) all done through my lawyer in HCMC. One thing to consider with a will made in any country is if some of the assets in the will are not held in the country where the will is made & registered.
For example I have a will in Scotland that covers my estate there, however I have assets in Singapore & the Isle of Man & I had to have specific wills made & registered there by different lawyers as my Scottish will & Solicitor had no jurisdictions there.
Death of a foreigner in Vietnam is a complicated process too & I personally would advise doing like I did & contracting a Vietnamese lawyer to handle & guide Ms My with everything that needs to be done, at a cost of course.
Little bit off topic I suppose but....
I have some little experience with this & also the intricacies & complications of death of a foreigner in Vietnam (a previous post on here) all done through my lawyer in HCMC. .......
Death of a foreigner in Vietnam is a complicated process too & I personally would advise doing like I did & contracting a Vietnamese lawyer to handle & guide Ms My with everything that needs to be done, at a cost of course.
-@goodolboy
And a very good info post it was. Found here (Link to post), in the VIETNAMESE FAMILY LAW ACT sticky thread.
I am not giving legal advice but jurisdiction matters most. When you prepare a will, the first question to ask is can your executor enforce the will if your spouse lives in Vietnam and does not have permanent residency or citizenship in the country where the estate is located. For US citizens, NOLO Will Maker is an inexpensive way to write up a will. Just have a lawyer check it (without billing you the hours of writing it up) and get witnesses to sign it.
willmaker.com/
My experience with lawyers in Vietnam has not been pleasant. Useless incompetent wankers most of them and they only asks more money for bribes. Good luck.
@Vagues I think it will be a good idea to talk to the charities you would like to donate money to and ask if there is a lawyer or notary they can recommend. About preparing wills for foreigners in Vietnam, if you want to know more please conect on DM.
…
Am I the only foreigner writing a will in Vietnam? Surely it can't be.
Can anyone recommend a Vietnamese lawyer who is competent and capable of writing a full proof will for a foreigner?
Location not important as long as it is Vietnam.
Thank you
…
Am I the only foreigner writing a will in Vietnam? Surely it can't be.
Can anyone recommend a Vietnamese lawyer who is competent and capable of writing a full proof will for a foreigner?
Location not important as long as it is Vietnam.
Thank you
-@Vagues
Try again catching up with the forum code of conduct.
We don't routinely recommend specific professionals because that opens a can of worms where ambulance chasers & scammers also promote their services, which is definitely against forum policy.
Your best bet on this website is to check out the forum business directory
Good luck.