Summary trực tiếp bóng đá hôm nay euro 05 judgments related to illegal wills in Vietnam

Article 630 trực tiếp bóng đá hôm nay euro thetrực tiếp bóng đáprovides for legal wills as follows:

"1. A will must satisfy the following requirements in order to be lawful:

a) The testator was trực tiếp bóng đá hôm nay euro sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;

b) The contents trực tiếp bóng đá hôm nay euro the will are not contrary to law or social morals and the will complies with legal formalities.

2. A will made by a person between fifteen and eighteen years trực tiếp bóng đá hôm nay euro age must be made in writing and with the consent trực tiếp bóng đá hôm nay euro the parents or guardian trực tiếp bóng đá hôm nay euro such person.

3. A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.

4. A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in Clause 1 trực tiếp bóng đá hôm nay euro this Article."

An oral will is considered legal if the oral testator shows his or her final will in front trực tiếp bóng đá hôm nay euro at least two witnesses, and as soon as the oral testator expresses his final will, the witness records it, signs it, or points it out. Within 5 working days from the date the oral testator expresses his or her final will, the will must be certified by a notary public or a competent authority to certify the signature or fingerprints trực tiếp bóng đá hôm nay euro the witness.

Thus, all cases trực tiếp bóng đá hôm nay euro wills that do not satisfy the above conditions will be declared illegal.

Below are the summaries trực tiếp bóng đá hôm nay euro 05 judgments related to the declaration trực tiếp bóng đá hôm nay euro an illegal will for you reference.

1. Judgmenttrực tiếp bóngdated September 28, 2020 on a dispute related to the request for annulment trực tiếp bóng đá hôm nay euro the will

- Level trực tiếp bóng đá hôm nay euro trial: appellate

- Judicial body: High People's Court in Da Nang

Summary trực tiếp bóng đá hôm nay euro the case: Ms. E's parents, Mr. Le Phuoc Tr (who died in 2000) and Mrs. Tran Thi Th (who died in 2011), did not adopt children; neither trực tiếp bóng đá hôm nay euro them had any children trực tiếp bóng đá hôm nay euro their own, but they had six children together. In 2017, Mrs. Le Thi T returned to Vietnam from the US and let her sister Huynh Thi Phuong D stay at her house, so when the grandparents came to burn incense, Ms. D and Ms. D's brother, Huynh Minh A, interfered. In 2018, they just learned that real estate has been granted a certificate trực tiếp bóng đá hôm nay euro land use rights by the Department trực tiếp bóng đá hôm nay euro Natural Resources and Environment trực tiếp bóng đá hôm nay euro Da Nang city for two brothers, Mr. Huynh Minh A and Ms. Huynh Thi Phuong D. When the grandparents complained, the District S Land Registration Office responded to the complaint, so they knew that Mr. T had made a will on June 14, 2001, to give all the land to Mrs. T. According to the grandparents, at the time trực tiếp bóng đá hôm nay euro making the will, Mr. T was illiterate and ill and not aware trực tiếp bóng đá hôm nay euro his actions, so the will was not legal. Ms. T then used this illegal will to make a document to declare her inheritance and to sign a land transfer contract for Ms. Huynh Thi Phuong D and Mr. Huynh Minh A, which was not in accordance with the law.

- Court's decision: Declare the inheritance declaration document dated July 21, 2017 by Ms. Le Thi T, certified by the Notary Public trực tiếp bóng đá hôm nay euro Notary Public Office No. Y trực tiếp bóng đá hôm nay euro Da Nang city, to be invalid.

2. JudgmentBản án 29/2020/DS-STdated September 10, 2020 on the dispute asking to declare the will as illegal

- Level trực tiếp bóng đá hôm nay euro trial: First instance

- Judicial body: People's Court trực tiếp bóng đá hôm nay euro Thanh Khe district, Da Nang city

Summary trực tiếp bóng đá hôm nay euro the case: According to the plaintiff, Mr. D, his sister, before she died, left a will with the following content: "Leaving the whole house and land used as a church, it is not allowed to sell, transfer, donate, mortgage, guarantee, or give it to his mother, Mrs. K1, to manage and use." Mr. D is the direct holder trực tiếp bóng đá hôm nay euro the above-mentioned certificate trực tiếp bóng đá hôm nay euro house ownership and land use rights, but Mr. Tran H arbitrarily led Mrs. K1 to report the loss trực tiếp bóng đá hôm nay euro the book to issue a new book in her mother's name according to her sister's will. On December 1, 2015, Mr. H took Ms. K1 to make a will with the following content: "Leaving the whole house and land used as a church, not sold, transferred, donated, mortgaged, guaranteed, or assigned to Mr. Tran H for management and use." After the branch trực tiếp bóng đá hôm nay euro the Land Registry Office in District K adjusted the change to Mr. Tran H's name, Mr. H bought a new lock, locked the door, and did not allow his brothers to enter the house to burn incense for his ancestors.

Accepting the lawsuit petition, the court rules that Ms. Nguyen Thi K1's Declaration trực tiếp bóng đá hôm nay euro Will, notarized by Notary Office X, city D, under notary number 15076 TP/CC-SCC/HDGD on December 1, 2015, is not legal.

3. JudgmentBản án 26/2020/DS-PTdated June 3, 2020 on property inheritance disputes and requests for cancellation trực tiếp bóng đá hôm nay euro wills

- Level trực tiếp bóng đá hôm nay euro trial:  appellate

- Judicial body: People's Court trực tiếp bóng đá hôm nay euro Binh Thuan province

- Summary trực tiếp bóng đá hôm nay euro the case: Plaintiff's parents, Mr. and Mrs. Tran Hong L, have nine children. In 1993, the old man's parents were weak, so they called their children to a meeting to resolve the dispute. Those who take care trực tiếp bóng đá hôm nay euro their parents will inherit a land area trực tiếp bóng đá hôm nay euro 2,192 m2 and 3,200 m2 trực tiếp bóng đá hôm nay euro farmland, and a level 4 gratitude house with an area trực tiếp bóng đá hôm nay euro 120 m2, and he has been the person who has directly taken care trực tiếp bóng đá hôm nay euro his parents since then. His father died on August 28, 1999, and his mother died on July 3, 2008. After the deaths trực tiếp bóng đá hôm nay euro his parents, Mr. S presented a Will trực tiếp bóng đá hôm nay euro Inheritance Authorization made on June 2, 1999, and certified by the Chairman trực tiếp bóng đá hôm nay euro Commune H on September 3, 1999. He confirmed that the will made on June 2, 1999, provided by Mr. S, was illegal.

- Court decisions: Declare: The "Inheritance Authorization Will" in the names trực tiếp bóng đá hôm nay euro Mr. Tran Q and Mrs. Nguyen Thi L, made on June 2, 1999, and certified on September 3, 1999, by the People's Committee trực tiếp bóng đá hôm nay euro Commune H, District B, Binh Thuan Province, is illegal.

4. Judgment on Dispute Claiming to Declare Wills Unlawful No.Bản án về tranh

- Level trực tiếp bóng đá hôm nay euro trial: appellate

- Judicial body: Tien Giang Province People's Court

- Summary trực tiếp bóng đá hôm nay euro the case: Mr. Ngo Van C (deceased) is Mr. Ngo Van K's biological father. When he was alive, Mr. C's land was divided into the common property trực tiếp bóng đá hôm nay euro a part trực tiếp bóng đá hôm nay euro land with an area trực tiếp bóng đá hôm nay euro 717.5 m2. On July 13, 2015, Mr. C made a will to donate the land plot to Ms. Nguyen Thi M.
According to Mr. K, at the time trực tiếp bóng đá hôm nay euro making the will, Mr. C was not lucid because he was elderly, and the content trực tiếp bóng đá hôm nay euro the will was not written by Mr. C but typed on a computer.
However, there was no witness while Mr. C could read and write; the probate procedure is not in accordance with the law, and the certificate trực tiếp bóng đá hôm nay euro land use rights mentioned in the will is not available. The will-making process is not in accordance with Mr. C's will.
Therefore, Mr. K requested the Court not to recognize the will trực tiếp bóng đá hôm nay euro July 13, 2015 as legal.

The Court's decision: Not accepting the petition trực tiếp bóng đá hôm nay euro Mr. Ngo Van K." The will trực tiếp bóng đá hôm nay euro Mr. Ngo Van C is valid.

5. Judgmenttrực tiếp bóngdated March 15, 2019 on the dispute trực tiếp bóng đá hôm nay euro not recognizing the legal will and the request to cancel the certificate trực tiếp bóng đá hôm nay euro land use rights

- Level trực tiếp bóng đá hôm nay euro trial: First instance

- Judicial body: People's Court trực tiếp bóng đá hôm nay euro Soc Trang province

Summary trực tiếp bóng đá hôm nay euro the case: After Mr. K died, Mr. N1 and Mrs. N did not allow Ms. M and Mrs. M1 to use the house mentioned above and blatantly used the yard, fence, and locked door to prevent Mrs. M and Mrs. M1 from entering the house. Mr. N1 and Mrs. N said that Mr. K made a will at the People's Committee trực tiếp bóng đá hôm nay euro Commune B on August 31, 2006, leaving the above house to Mr. N1 and Mrs. N.
On August 31, 2006, Mr. K was hospitalized and treated at J Hospital, Ho Chi Minh City. Mr. K's health condition was now awake, unconscious, and not being discharged or transferred by the doctor. Therefore, the will made on August 31, 2006, is not legal. Now, Ms. M and Mrs. M1 request the court not recognize the above will as legal.

- Court decision: not accepting the plaintiff's entire petition regarding not recognizing the will made on August 31, 2006, as legal.

PleaseLoginto be able to download