{"id":6233,"date":"2024-10-30T09:06:52","date_gmt":"2024-10-30T02:06:52","guid":{"rendered":"https:\/\/taphalaw.com\/?p=6233"},"modified":"2024-11-04T09:00:10","modified_gmt":"2024-11-04T02:00:10","slug":"tu-van-ra-soat-di-chuc-lap-di-chuc-tai-trai-giam","status":"publish","type":"post","link":"https:\/\/taphalaw.com\/en\/tu-van-ra-soat-di-chuc-lap-di-chuc-tai-trai-giam.html","title":{"rendered":"CONSULTATION ON REVIEWING AND MAKING A WILL IN PRISON"},"content":{"rendered":"<b>Matter in Brief:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Mrs. M is a client seeking legal advice from TAPHALAW. She has reported that Mr. P (her husband) is currently serving a life sentence at CH Prison (based on the Judgment and Execution Decision of the People&#8217;s Court of H City). Mr. P frequently suffers from strokes and other health problems, and therefore wishes to make a will at the prison, leaving his property to Mrs. M and their children. Mr. P has written a handwritten will expressing his wishes, given it to Mrs. M, and asked her to contact the law firm for accurate advice on the <\/span><span style=\"font-weight: 400;\">legal effectiveness<\/span><span style=\"font-weight: 400;\"> of this will. If the will is <\/span><span style=\"font-weight: 400;\">unlawful<\/span><span style=\"font-weight: 400;\">, Mrs. M requests that the law firm advise on how to proceed and remake the will.<\/span><\/p>\n<p><b>Client&#8217;s Request:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Mrs. M requests that TAPHALAW provide legal advice and assessment on the legal effectiveness of the will made by Mr. P. If the will is invalid, Mrs. M requests that TAPHALAW advise on how to resolve the matter.<\/span><\/p>\n<p><b>Attorney\u2019s Work Performed:<\/b><\/p>\n<p><strong>1. Assessment of legal effectiveness of the Will<\/strong><\/p>\n<p><span style=\"font-weight: 400;\">Upon receiving the request, TAPHALAW&#8217;s attorney reviewed the Will and related documents provided by the Client, cross-referenced them with current legal regulations, and provided advice on the legal effectiveness of the Will and relevant notes.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The main contents assessed by the attorney include: (i) The testator&#8217;s health condition at the time of making the Will and currently; (ii) Formalities of Will; (iii) The legal capacity of the testator; (iv) Information and legal capacity of the beneficiaries; (v) Information about the bequeathed assets and their location: Assessment and evaluation of the legal status of the assets listed in the Will, based on the asset information stated in the Will and related legal documents.<\/span><\/p>\n<p><b style=\"color: #333333;\">2. Proposed options for amending, supplementing, replacing, revoking the Will to ensure its legality<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Based on Mr. P&#8217;s medical records, indicating his health and mental condition are not guaranteed; and after reviewing and assessing the Will, showing that some contents mentioned in the Will are unclear, potentially risking the Will&#8217;s invalidity, the attorney has proposed to the Client various handling options and the advantages, disadvantages of each option: (i) Proceeding with amending the Will; (ii) Proceeding with supplementing the Will; (iii) Proceeding with revoking and remaking the Will. These procedures will be conducted at the prison with the participation of a competent Notary Public.<\/span><\/p>\n<p><b style=\"color: #333333;\">3. Advice on the procedure for custody the Will to ensure objectivity<\/b><\/p>\n<p><span style=\"font-weight: 400;\">TAPHALAW&#8217;s attorney has advised Mrs. M that she can request a Notary Public or a trusted person to keep custody of the Will, and the obligations of an individual keeping custody of a will.<\/span><\/p>\n<p><b>Consultation Outcome:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Based on the legal advice of the attorney, Mr. P and Mrs. M have opted to revoke the existing will and create a new one. Mrs. M has requested TAPHALAW to provide the following legal services:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">(i) Drafting a new will.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">(ii) Advising and assisting Mrs. M in contacting the competent notary public to complete the will-making procedures at the prison.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a result, the will executed by Mr. P is legally effective and its content accurately reflects the wishes of both Mr. P and Mrs. M.<\/span>","protected":false},"excerpt":{"rendered":"<p>Matter in Brief: Mrs. M is a client seeking legal advice from TAPHALAW. She has reported that Mr. P (her husband) is currently serving a life sentence at CH Prison (based on the Judgment and Execution Decision of the People&#8217;s Court of H City). Mr. P frequently suffers from strokes and other health problems, and [&hellip;]\n","protected":false},"author":1,"featured_media":6234,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[97,92,114],"tags":[],"yst_prominent_words":[],"acf":[],"_links":{"self":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts\/6233"}],"collection":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/comments?post=6233"}],"version-history":[{"count":4,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts\/6233\/revisions"}],"predecessor-version":[{"id":6260,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/posts\/6233\/revisions\/6260"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/media\/6234"}],"wp:attachment":[{"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/media?parent=6233"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/categories?post=6233"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/tags?post=6233"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/taphalaw.com\/en\/wp-json\/wp\/v2\/yst_prominent_words?post=6233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}