In the inheritance dispute involving the late actor Duc Tien, the Appellate Court of the High-level People's Court in TP HCM recently disclosed new evidence: a forensic conclusion stating that the signature on the will (which bequeaths all assets to his wife) and sample signatures on other documents under his name (from 2009 to 2023) "were not made by the same person".

This development sparked two differing views on the will's legality in this case and other inheritance disputes. Many wonder if the forensic results in this instance are sufficient for the court to declare the will invalid, or if other evidence and legal conditions must also be considered.

Forensic conclusions do not solely determine a will's fate

According to lawyer Tran Dinh Phuc of AI1 One-Member Limited Liability Law Company, a forensic conclusion is a source of evidence under the Civil Procedure Code. This evidence holds value only when the forensic examination follows proper legal procedures.

Signature forensics aims to determine if a signature on a document was made by the same person, or if there are signs of forgery, copying, splicing, erasure, or manipulation by other techniques. In civil disputes, forensic examination is typically conducted when the authenticity of a signature directly impacts the case's outcome.

In the inheritance dispute of the late actor Duc Tien and other cases, if a forensic conclusion determines that a signature on a will differs from sample signatures, this is an important detail for assessing the will's authenticity. However, this does not automatically mean the will is forged or invalid.

According to the lawyer, a differing signature is merely one piece of evidence, not the sole ground to invalidate a will. In reality, a person's signature can change due to age, health, psychological state, or the conditions at the time of signing.

To determine a will's legality, the court must comprehensively evaluate all evidence and compare it with the conditions specified in Article 630 of the 2015 Civil Code. Accordingly, the testator must be lucid, not deceived, threatened, or coerced; the will's content must not violate legal prohibitions or social ethics; and its form must comply with legal regulations.

The lawyer also cited Article 624 of the Civil Code, which stipulates that a will expresses an individual's intent to transfer their assets to another person after death. Therefore, even if a signature differs from samples due to objective factors, but it can still be proven that the intent to dispose of assets truly belonged to the deceased, the will may still be recognized.

Conversely, if there is evidence proving the signature is forged, does not reflect the testator's intent, or the will severely violates legal conditions regarding its content or form, only then will the court have grounds to declare the will invalid.

Courts may not accept forensic conclusions

Lawyer Phuc stated that the law does not compel courts to strictly adhere to forensic conclusions. The trial panel has the right to evaluate this evidence in conjunction with all other documents and evidence in the case.

If a forensic conclusion is unclear, improperly collected, or contradicts other objective evidence such as video, audio recordings, or witness testimonies, the court may not use this conclusion as a basis for resolving the case.

If a party disagrees with a forensic conclusion, they have the right to request the court to commission additional forensics if the conclusion is incomplete or new details emerge; or to re-examine if there are grounds to believe the initial conclusion is inaccurate or violates the law, according to clauses 4 and 5, Article 102 of the Civil Procedure Code and the Law on Judicial Expertise.

Additionally, parties can continue to provide other documents and evidence for the court to consider and compare, ensuring an objective and comprehensive resolution of the case.

Hai Duyen