t Conditi will’s validity and estate distribution under wills made by foreigners in Vietnam - A number of issues and recommendations for improvement

Abstract

Currently, foreigners in Vietnam have a rising need to distribute estate using wills. In practice, numerous challenges have arisen in the application of the provisions of the 2015 Civil Code due to the complexity involving multiple legal systems. This article analyses and evaluates the limitations and inadequacies of current Vietnamese law on the conditions for the validity of a will (including conditions on the capacity to make, change, and cancel wills of foreigners, as well as conditions on the form of wills made by foreigners in Vietnam) and the distribution of estate under wills made by foreigners in Vietnam; thereby,  proposes some recommendations to improve the law on this subject.