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Can parents sell the land that they have willed to their children?

03/05/2022


First of all, it must be affirmed that making a will does not mean that the property in the will belongs to the beneficiary for the following reasons:

- The effective time of the will is when the testator dies.

- After making a will, the estate leaver has the complete right to change, amend, supplement, replace or cancel the will as well as to deprive and designate an heir in the estate even the will has been notarized or authenticated at a competent authority.

- If there are multiple wills with the same property then only the last will be valid.

Parents fully have the right to amend, replace, and annul the will to leave an estate and also have the right to make a new will in place of the old will to present their inheritance to another child while they are still alive. .

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Because while still alive, a person's property will be disposed of by that person (give to others, sell to others, contribute as a capital...) according to regulations that no one can obstruct or force. Even though the parents have willed the property to their children, the parents have full rights to sell that land.

Therefore, parents can annul the will or after the death of the parents, the will will also become invalid because according to Clause 3, Article 643 of the Civil Code 2015, the property at the time of opening the inheritance no longer exists ( because it has been sold and transferred to the other that is no longer legally owned by their parents - who have left the inheritance).   

In summary, parents have the right to sell land even though they have previously left a will, that house and land for their children because while the parents are still alive, the parents have the right to cancel, change, amend and supplement the will as well as the right to dispose of their own property.