Many people believe that only the elderly or those suffering from serious illnesses need to consider making a will. However, from the perspective of an estate planning lawyer, this is an incomplete view. A will is not merely a preparation for death—it is a legal act that demonstrates the proactive management of one’s assets, reflects one’s responsibility toward loved ones, and serves to minimize the risk of inheritance disputes after death.

In reality, numerous prolonged inheritance disputes—many of which have irreparably damaged family relationships—stem from the absence of a clear, legally valid will.

1. When should a person make a will?

Below are the most appropriate times and circumstances under which an individual should proactively make a will:

a) When owning substantial personal assets

If you possess valuable assets such as real estate, savings accounts, business shares, investment portfolios, or other significant property, creating a will early is essential. It allows you to allocate assets according to your wishes, instead of relying on statutory intestate succession rules—which may not align with your personal intent.

b) When the family structure is complex

In families with stepchildren, multiple marriages, or strained relationships, a clearly written will is necessary to outline the rightful heirs and minimize conflicts after death.

c) When having children or dependents

If you are the parent of minor children, a guardian to a disabled relative, or have any financial dependents, a will is critical. It allows you to designate a guardian and a lawful asset manager to protect their interests in the event of your passing.

d) When experiencing declining health

For those with chronic illnesses, advanced age, or in high-risk occupations (e.g., miners, pilots, military personnel, frontline healthcare workers), it is prudent to prepare a legally valid will to ensure your assets are distributed according to your wishes.

e) When wishing to bequeath assets to non-family members or charities

Under the law, if no will is made, property is distributed to legal heirs in accordance with the statutory order of succession. Therefore, if you wish to leave property to close friends, caretakers, or charitable organizations, a will is legally required to ensure your intentions are honored.

2. How to make a valid and legally enforceable will

To ensure the will has legal effect, the following conditions must be met:

- The testator must be of full legal capacity and mentally competent at the time of making the will;

- The will must be made voluntarily, without coercion, fraud, or undue influence;

- The content must be clear and not violate laws or social ethics;

- As for the form: the will can be handwritten, typed, or notarized/certified for higher legal enforceability.

Note: A notarized will is much more convenient during the probate or estate recognition process at notary offices or courts.

3. Why you should consult a lawyer when making a will

An estate planning lawyer not only helps draft a legally valid will but also advises on asset allocation strategies to minimize legal risks and potential disputes. A lawyer can also:

- Assess and classify assets for fair distribution;

- Identify potential beneficiaries and disqualified heirs;

- Assist with estate management and execution of the will upon the testator’s death.

4. Conclusion

Making a will is necessary and should be done sooner rather than later, regardless of age. If you have assets and specific intentions about how they should be distributed after your death, take initiative to create a will now—it is the best way to protect your rights and the interests of your loved ones.

Anh Tuan

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GATTACA LAW FIRM | Trusted Legal Partner

M: + 84 901763379 | W: gattacalaw.vn | E: lawyer@gattacalaw.vn