There are 7 siblings in the family. Can the father leave a will to only one person?

There are 7 siblings in the family, can the father leave a will for only one person? - Illustration: NGOC THANH

My father was over 90 years old when he passed away (he was born in 1906). My brother said that he had made a will leaving the house to my brother.

I would like to ask if my brother has the right to enjoy this entire house or is he obligated to divide a part of it to other siblings in the family. There are currently 7 siblings in the family, most of whom are abroad.

Lawyer Le Van Hoan replied:

In this case, it is necessary to consider whether there is a will, and if so, is it valid? And what are the contents of the will?

A will is considered legal when it is guaranteed according to the provisions of Article 630 of the Civil Code:

Article 630. Legal will

1. A valid will must satisfy the following conditions:

a) The testator is of sound mind and lucidity when making the will, and is not deceived, threatened or coerced.

b) The content of the will does not violate the prohibitions of the law, is not contrary to social ethics, and the form of the will does not violate the provisions of the law.

2. The will of a person from fifteen years of age to under eighteen years of age must be made in writing and must have the consent of the father, mother or guardian.

3. The will of a physically handicapped person or an illiterate person must be made in writing by a witness and notarized or authenticated.

4. A written will that is not notarized or certified shall only be considered legal if it satisfies all the conditions specified in Clause 1 of this Article.

5. An oral will is considered legal if the testator expresses his or her last will in front of at least two witnesses and immediately after the testator expresses his or her last will, the witnesses record it, co-sign or fingerprint it.

Within 5 working days from the date the oral testator expresses his or her final will, the will must be certified by a notary or a competent authority to confirm the signature or fingerprint of the witness.

In case of a valid will, the content of the will must be considered. If the property belongs to the father and mother but only the father makes the will, the will is only valid for the father's portion of the estate, while the mother's portion is divided according to the law.

Note:

Article 644: Heirs do not depend on the content of the will.

1. The following persons shall still be entitled to an inheritance portion equal to two-thirds of the portion of a legal heir if the inheritance is divided according to law, in case they are not given an inheritance by the testator or are given an inheritance portion less than two-thirds of that portion:

a) Minors, father, mother, wife, husband;

b) Minors who are unable to work.

2. The provisions of Clause 1 of this Article shall not apply to persons who refuse to receive inheritance as prescribed in Article 620 or who are not entitled to inherit as prescribed in Clause 1, Article 621 of this Code.

Thus, if the will is legal, the entire inheritance belongs to the father and the first-order heirs have no one eligible to inherit regardless of the content of the will as prescribed in Article 644 of the Civil Code, then the person named in the will is entitled to the entire inheritance.

According to Tuoi Tre