Is a will stored on a computer legally valid?

Listener Minh Hieu in Da Nang city sent a letter to the program with the following content: My grandfather just passed away, he passed away so suddenly that all his children and grandchildren were surprised. After he passed away, when cleaning up his belongings, my family discovered that he had 3 savings books, along with 1 red book of the land he used to live on. In addition, people also found a will that he had written and saved on his personal computer while he was alive. So, I want to ask in this case, is the will valid?

Lawyer Pham Van Liem, Nuoc Viet Law Company Limited - Hanoi Bar Association said that according to the provisions of the Civil Code, a will must be made in writing. If it is not possible to make a written will, an oral will can be made.

Content drafted on a computer does not meet the formal requirements to be considered a will. Article 633 of the Civil Code stipulates: If a written will is not witnessed, “the testator must write and sign the will himself.”

On the other hand, a Will is an expression of an individual’s will to transfer his or her assets to others after death. Therefore, documents stored on a computer cannot prove whether it is the will of the deceased or not. Therefore, this case cannot be considered a legal will.

A legal will must have the following conditions: the testator's condition, the form condition and the content condition of the will.

Regarding the conditions of the testator:

- An adult must be clear-minded and lucid when making a will; must not be deceived, threatened or coerced;

- A person from fifteen to under eighteen years of age may make a will if his or her parents or guardian agree to the making of the will.

Regarding the form of the will, a notarized or certified will will be more valuable than other forms in case of a dispute between heirs.

Regarding the content of the will: Because the will is the expression of an individual's will to transfer his or her assets to others after death, there will be many issues related to determining assets, designating heirs, as well as heirs who do not depend on the will. These issues are not the same in all cases, so listeners can learn more about the provisions of the law or consult a lawyer to avoid cases where the will is invalid, leading to the will not achieving the desired results.

According to VOV