1. Cultural Perspectives
In Vietnamese culture, people often feel reluctant to talk about wills, inheritance, or the division of assets while they are still healthy, believing that: “I’m still alive and well, so why rush?”
However, failing to leave a will can create significant legal burdens for future generations, including:
- Complications and delays in identifying the rightful heirs.
- Difficulties with inheritance procedures and property title transfers.
- Disagreements and prolonged family disputes that can undermine family harmony.
- Significant costs and time spent resolving inheritance matters, which may take 3–10 years or even longer in some cases.
2. A Real-World Perspective: When Inherited Assets Become a Legal Burden
In our legal practice, we have witnessed some extremely complicated inheritance cases.
In one case, an asset had been subject to inheritance proceedings for more than 20 years, spanning three or four generations, with two wills having been made. Yet, the transfer of ownership remains at a dead end. At this stage, bringing the matter before the Court may be the only viable way to resolve it.
By then, the number of heirs had grown to nearly 50, most of whom were living and residing abroad, with some no longer holding Vietnamese citizenship.
For the person managing the estate, even seemingly simple administrative procedures—such as obtaining permission to renovate a house, registering residence, or transferring property ownership—have become an exhausting legal battle.
What was once a lifetime’s achievement, intended to be passed down to children and grandchildren, has inadvertently become a burden for the next generation.
3. Making a Will: Responsibility, Foresight, and Proactive Planning
Making a will is not about anticipating bad luck. Rather, it is a way for a person to demonstrate responsibility, exercise foresight, and proactively arrange their affairs while protecting family relationships.
To safeguard your assets and preserve family harmony, you should consider the following measures:
- Make a legally valid will: Ensure that the will complies with applicable legal requirements regarding both form and content, and that its provisions are clear.
- Conduct a legal review: Review all relevant documents, the origins of your assets, and their current legal status.
- Develop a succession plan: Proactively establish appropriate arrangements for asset management and distribution.
- Consider lifetime gifts: Where appropriate, consider transferring assets as gifts during your lifetime.
4. When Is the Right Time to Make a Will?
In a lawyer’s view, making a will depends entirely on each individual’s needs and wishes. Anyone can make a will, whether they are in their 30s, 40s, or even 90s.
However, the ideal time is when you are still mentally competent, in good health, and wish to proactively determine how your assets will be distributed among your loved ones or other trusted beneficiaries.
IMPORTANT NOTE: A WILL CAN BE AMENDED OR REVOKED AT ANY TIME, AND A NEW WILL CAN BE MADE IF THE TESTATOR CHANGES THEIR MIND, SUBJECT TO APPLICABLE LAW.
LDM LAW FIRM – LDM LAW COMPANY
📍 Hotline: (+84) 0866.999.635
📍 Email: ldmlawfirm@gmail.com
🏢 Office: 01 Nguyen Van Nguyen Street, Tan Dinh Ward (formerly District 1), Ho Chi Minh City, Vietnam.