Recently, LSX legal firm has received a question from our customer: “I previously declared in front of my brothers that in the future I will not receive the inheritance left by my parents. At that time, I did not want to raise a dispute with my brothers. However, I am the youngest son. My parents really want me to receive the house and land to take care of and conduct ancestor worship in the future. When my father died, I made a written refusal to receive the estate. My brothers all brought the property left by their father to sell. Can I request the cancellation of my previous disclaimer?” So, in this article, we will help you to answer the question: Can you cancel an Inheritance Disclaimer in Vietnam?
Legal ground
- Civil Code 2015
Regulations on inheritance disclaiming in Vietnam
Article 620 of the Civil Code 2015 provides for the refusal to receive the inheritance as follows:
“Article 620. Disclaimer of inheritance
1. An heir may disclaim an inheritance unless such disclaimer is for the purpose of avoiding the performance of its property obligations to other persons.
2. A disclaimer of an inheritance must be made in writing. A person disclaiming must notify the other heirs and the person authorized to distribute the estate.
3. The disclaimer of an estate must be expressed before the time of inheriting distribution.”
In addition, Article 59 of the Law on Notary 2014 stipulates the notarization of documents refusing to receive the estate as follows:
“Article 59. Notarization of written disclaimers of estate
Heirs may request the notarization of written disclaimers of the estate. When making such a request, the notarization requester shall produce a copy of the testament in case of testamentary inheritance or papers proving his/her relationship with the estate leaver in accordance with the law on inheritance; and the death certificate or another paper proving the estate leaver’s death.”
Can you cancel an Inheritance Disclaimer?
Once a written disclaimer of inheritance has come into effect, you may not cancel this document.
Only when the refusal does not come into effect will you have the right to change your mind and enter into an agreement to divide the estate, including the following cases:
- Refusal to evade the performance of one’s property obligations towards others.
- Has not been made in writing and has not been sent to relevant people.
- Declining after the time of the division of the estate.
In your case, the refusal was made in writing, before the time of the division of the inheritance and was sent to the parties involved, thus giving rise to legal effect. So, you do not have the right to cancel this document.
Only when your refusal means to evade an obligation, the refusal does not take effect. Then, you can change your mind and participate in the agreement to divide the inheritance.
Who does not have the right to inherit inheritance?
The following persons do not have the right to inherit:
- Persons convicted of having intentionally caused the death of or harmed the health of the deceased, of having seriously mistreated or tortured the deceased, or of having harmed the honor or dignity of the deceased.
- Persons having seriously breached their duty to support the deceased.
- Persons convicted of having intentionally caused the death of another heir in order to obtain all or part of the entitlement of such other heir to the estate.
- Persons deceiving, coercing, or obstructing the deceased with respect to the making of the will, or forging, altering, or destroying the will in order to obtain all or part of the estate contrary to the wishes of the deceased.
Persons mentioned above may, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will.
Does a will not notarized legal or not?
Article 638 of the Civil Code 2015 provides for cases where a written will has valid as a will with notarization or certification:
- A written will made by a serving soldier not able to request a notarization or certification of his or her will provided that such will certified by the head of his or her unit having the rank of a company commander or higher.
- A written will made by a person traveling on a seagoing vessel or aircraft provided that the will certified by the captain of the vessel or aircraft.
- A written will made by a person undergoing medical treatment in a hospital or other medical establishment or sanatorium provided that the will certified by the person in charge of such hospital or establishment or sanatorium.
- A written will made by a person conducting surveys, explorations, or research in mountainous areas, forests, or offshore islands provided that the will certified by the person in charge of the unit.
- A written will made by a Vietnamese citizen residing abroad provided that the will certified by a Vietnamese consular or diplomatic representative mission in that country.
- A written will made by a person held in temporary detention, serving a prison sentence or administrative penalty, or at an educational or medical facility provided that the will certified by the person in charge of such facility.
Thus, in some cases, the testator does not have to notarize the will, but the will still have its validity as notarized as prescribed above.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Can you cancel an Inheritance Disclaimer in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request any notary to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.
The law does not forbid a person to make more than one will. According to Clause 5, Article 643 of the Civil Code 2015, when a person leaves many wills for a property, only the last will takes effect.
A will must specify clearly the following:
a) The date of making the will;
b) The full name and place of residence of the testator;
c) The full names of the persons and the bodies or organizations entitled to inherit the estate;
d) The estate to be bequeathed and its location.
Conclusion: So the above is Can you cancel an Inheritance Disclaimer in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
