Forging a Signature on a Will to Claim an Inheritance: Can You Go to Jail?

A will is a fairly common document in our daily lives, through which property owners express their free will to distribute their assets to others upon their passing. In practice, the distribution of an estate based on a will often carries a potential risk of disputes between testamentary heirs and heirs-at-law. These conflicts can lead to doubts regarding the will's authenticity, the most serious of which is the forgery of the testator's signature. From a legal perspective, this act not only directly violates the deceased's right to freely dispose of their assets and harms the legitimate interests of other heirs, but it also constitutes a severe breach of the law, raising the issue of legal and criminal liability for the perpetrator.

TABLE OF CONTENTS

• I. What Constitutes a Valid Will?
• II. What Is Signature Forgery?
• III. Legal Liability for Forging a Signature on a Will

I. What Constitutes a Valid Will?

A valid will is one that fully satisfies all conditions regarding the testator, the content of the will, and the form of the will.

1. The Testator

The testator must be a person of at least 18 years of age who possesses full civil capacity to have the absolute right to make a will. When making a will, the testator must be completely lucid, of sound mind, and free from deception, threat, or coercion.

The testator must be the lawful owner of all or part of the assets specified in the will. For any portion of assets that is not under the lawful ownership of the testator, they cannot dispose of or create provisions in the will for such assets.

2. Content of the Will

The content of the will is an essential and vital part of the document, as it reflects the true intent and wishes of the testator regarding their lawful assets.

Pursuant to Article 631 of the Civil Code 2015, the content of a will must include the following: the date, month, and year the will is made; personal information of the testator; personal information of the beneficiary; detailed information of the assets bequeathed; and other contents related to the testator's wishes... The provisions of the will must not violate any prohibitions under the law and must not contravene social ethics.

The content of the will must be expressed clearly, without abbreviations, symbols, erasures, or alterations. If there are erasures or alterations, the self-writing testator or the witness must sign beside the erased or altered text.

3. Form of the Will

Pursuant to Article 627 and Article 628 of the Civil Code 2015, wills are categorized into two types: oral wills and written wills (including: written wills without witnesses, written wills with witnesses, notarized written wills, and certified written wills).

Regardless of the form in which it is made, the will must strictly comply with the formal requirements corresponding to that type of will to be deemed legally valid.

a/ Oral Wills:

An oral will is a special form of a will recognized by law in emergency situations involving the testator. In cases where the testator's life is threatened by imminent death and it is impossible to make a written will, they may express their final wishes orally in front of at least two witnesses to dispose of their lawful assets.

Pursuant to Clause 5, Article 630 of the Civil Code 2015, to ensure legality and transparency, the witnesses must record the content of the oral will in writing and sign or affix their fingerprints to confirm it. Within 05 working days from the date the oral will is made, the witnesses must bring this written record to the competent authority to certify their signatures. Thus, in essence, an oral will must ultimately be reduced to a certified written form to have legal effect.

An oral will is only temporary; if the testator is still alive, lucid, and of sound mind 03 months after the date the oral will was made, the oral will is automatically invalidated. In this case, to firmly and clearly record their wishes regarding the distribution of assets, the testator must re-execute the disposition through a valid written will in accordance with the general provisions of the law.

b/ Written Wills Without Witnesses:

The testator must write and sign the will in their own handwriting; this is a condition to ensure authenticity and accurately reflect their intent. For written wills without witnesses, the creation of the will must fully comply with the requirements provided in Article 631 of the Civil Code 2015.

c/ Written Wills With Witnesses:

The testator must have at least 02 witnesses to the content of the will they create. During the process of making the will, the testator must sign or append their fingerprint to the will in the presence of the witnesses, and the witnesses shall also sign and append their fingerprints to the document.

In addition, the witnesses to the making of the will must satisfy all eligibility conditions under Article 632 of the Civil Code 2015.

d/ Written Wills with Notarization or Certification:

The testator shall prepare a dossier according to the requirements of the notarization practice organization to proceed with the procedures for making a will. In cases where the testator cannot directly visit the notarization practice organization, they may request a notary public to visit their place of residence to execute the will.

The legal validity of a will depends entirely on its compliance with the conditions of the chosen form. Each different form of a will carries its own mandatory procedural requirements. If these requirements are violated, the will shall be legally invalid and void, rendering it unusable as a basis for the distribution of the estate.

II. What Is Signature Forgery?

Signature forgery is understood as the act of intentionally replicating or simulating the authentic signature of another person in order to make others believe that the signature was executed by that person themselves.

In the context of a will, this act may manifest in various forms, such as signing on behalf of the testator without authorization, copying or mimicking the signature, or using technical methods to create a forged signature. Forging a signature on a will distorts the true intent of the deceased, alters the contents of the will, and directly infringes upon the legitimate rights and interests of the lawful heirs. This is a dangerous act that severely compromises the validity of the will and disrupts the order of inheritance relationships.

III. Legal Liability for Forging a Signature on a Will

Depending on the nature and severity of the violation, a person who forges a signature on a will may be subject to various types of legal liability in accordance with the law.

1. Administrative Penalties

Pursuant to the provisions of Clause 1 and Clause 3, Article 15 of Decree 144/2021/ND-CP, the act of forging a signature on a will may be subject to administrative fines ranging from 2,000,000 VND to 3,000,000 VND. However, to accurately determine and apply this sanction, proving the forgery is a crucial factor, requiring a comprehensive and objective process of evidence collection and evaluation.

Specifically, the competent authority must gather relevant documents and evidence, including but not limited to: the original or copy of the will containing the questioned signature; authentic specimen signatures of the testator obtained from other legal documents (such as ID cards, contracts, bank documents...); statements from involved parties and witnesses; and most importantly, judicial expertise conclusions regarding the signature. Only on the basis of a complete, clear evidentiary file and professional assessment can a convincing conclusion be drawn regarding the existence of forgery, thereby serving as a foundation for administrative handling or transferring the file to investigative authorities if there are signs of a criminal offense.

2. Civil Liability

When a will shows signs of forgery or there is an expertise conclusion confirming the act of signature forgery, that will is considered void under the Civil Code 2015 and carries no legal value to serve as a basis for estate distribution.

The act of forging a signature on a will distorts the genuine intent of the testator, thereby directly infringing upon the deceased's right to dispose of assets and affecting the legitimate rights and interests of the heirs. In such a scenario, the perpetrator may be compelled to:

• Restore the original state of affairs;
• Return the misappropriated assets or compensate for the damages caused by their actions;
• Fulfill other civil obligations in accordance with Court judgments (if any).

3. Criminal Liability

Based on the actions, nature, and severity of the violation, a person who forges a signature on a will may be prosecuted under the following charges:

a) Fraudulent Misappropriation of Property (Article 174 of the Penal Code 2015)

An individual who forges a signature on a will with the purpose of misappropriating an estate may face penalties such as non-custodial reform, fixed-term imprisonment, partial or full confiscation of property, or a ban from practicing a profession or holding certain positions (if applicable).

b) Abuse of Trust for the Misappropriation of Property (Article 175 of the Penal Code 2015)

In cases where a person who has the right to manage or safeguard the will or the estate intentionally forges a signature on the will to misappropriate the estate, such act may be prosecuted as an abuse of trust, with penalties including non-custodial reform, fixed-term imprisonment, and partial or full confiscation of property.

To ensure a high degree of legality, testators should execute their wills at notarization practice organizations to prevent forgery and enhance authenticity, transparency, and clarity. If there is any suspicion regarding the authenticity of a will, the involved parties should verify its legal status or contact relevant authorities and organizations, such as notary offices or handwriting and signature expertise agencies, to verify the document. Vietnamese law provides sufficient and necessary sanctions to strictly penalize signature forgery in wills, thereby protecting the final right of asset self-disposition of the testator and ensuring fairness in inheritance relationships.

Contact Information

DL PINNACLE LAW FIRM LLC

Address: 3rd Floor, 18A/76 Nguyen Thi Minh Khai, Saigon Ward, Ho Chi Minh City

Hotline: 0914.491.911

Email: info@dlpinnacle.vn

Website: https://www.dlpinnacle.vn