Generally speaking, this is not an issue or of any particular interests in many jurisdictions. For example, most jurisdictions may simply allow any natural person up to the age of majority, be it 18 or 21 or other ages, to make a will for themselves.
In China, the age is assumed to be 18 years old, the age of majority prescribed in China Civil Code. There are no any other express provisions addressing the age for making a will or testament.
However Vietnamese Civil Code has a particular provision allowing an underage person to make a will subject to consent of his or her parents or custodian/guardian.
Paragraph 2 of Article 625 of Vietnam Civil Code provides:
người” từ đủ mười lăm tuổi đến chưa đủ mười tám tuổi được lập di chúc ,nếu được cha, mẹ hoặc người giám hộ đồng ý về việc lập di chúc.
Article 625 of Vietnam Civil Code
It says that an underage person of older than 15 years but not yet 18 years old can make a will, provided that their father, mother or custodian/guardian agrees on the will-making.
However the law does’t go further to set out what circumtances such an underage person is permitted to make a will, thus presumably, any underage person can make a will so long as his or her parents or custodian or guardian agrees on that.
It shall be further noted that this rule doesn’t really make it clear whether the contents of the will made by the underage should be subject to the consent of their parents or custodian/guardian, or it simply requires that the parents or custodian or guadian knows and gives consents to making the will without dictating the specific contents of the will. If the contents of the will are subject to consent of parents or custodian or guardian, then a question is compelled: who is actually making the will then?
We will further update you on the issue once we learn any court case invovling such an issue.
Stay stuned!
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