Guidance on procedures for an opening inheritance according to Vietnamese law
Inheritance is a fairly common occurrence today. It arises when a person dies and leaves an estate to heirs. Although it is quite common, however, not everyone knows and understands the problems arising when the inheritance relationship arises and how is the inheritance opening procedure? Today, LSX Lawfirm will give you an article about “Guidance on procedures for an opening inheritance according to Vietnamese law“, as follows:
Legal grounds
Civil Code 2015
Law on Notarization 2014
What is inheritance?
Inheritance is the transfer of property of a deceased person to a living person, the property left is called an estate.
According to current regulations, there are two forms of inheritance: inheritance according to will and inheritance according to law
Inheritance according to a will is the transfer of the inherited property of a deceased person to a living person at the disposal of that person while he is still alive.
Division of inheritance according to law, also known as division of inheritance according to law, is the transfer of inheritance of a deceased person to a living person according to the provisions of law if the deceased does not leave a will or leaves a will. wishes but the will is not legal.
Right to inherit property
The right to inherit property is the right of the heirs determine according to the will or the law.
Accordingly, these people will enjoy the estate of the deceased if the testator determines for them to enjoy the estate in the case of division of the estate according to the will or the first and second heirs. second and third in the case of division of estate according to law
How to divide inheritance according to will and law
How to divide inheritance according to will
A will is an expression of an individual’s will to transfer his or her property to someone else after death.
The testator has the right to designate an heir, disqualify the right to inherit property, assign the estate to each heir and assign obligations to the heir, etc.
Determine whether the will is legal or not?
If there is a will, the heirs must divide the inheritance according to the will of the testator expressed in the will.
However, it is necessary to determine whether the will is legal or not?
The Civil Code 2015 clearly stipulates the case of a legal will in Clause 1, Article 630 as follows:
“A lawful will must fully satisfy the following conditions: a) The testator is sound and wise while making the will; not be deceived, threatened or coerced; b) The content of the will does not violate the prohibition of the law, does not violate social ethics; the form of a will is not contrary to the provisions of the law.“
In particular, before dividing the inheritance according to the will, it is necessary to pay attention to the form of the will.
And In terms of formality, the testator can handwrite, sign and mark only in case it is not notarize or authenticated or asks someone else to type and sign and point to the will, but there must be at least 2 witnesses. and notarized and certified.
In case, the life of the testator is threatened, an oral will can be made, but must have at least two witnesses and be notarized and authenticated within 5 days from the date of death. leave a will declaring a final will.
Determine the heirs regardless of the content of the will
The heirs entitled to the share of the estate divided by the will.
In addition, there are still some people who automatically entitled to inherit according to the law even though they are not in the content of the will according to Article 644 of the 2015 Civil Code as follows:
“1. The following persons are still entitled to a share of the estate equal to two-thirds of that of an heir at law if the estate is divided according to law, in case they are not allowed to enjoy the estate by the testator, or shall only grant less than two-thirds of that portion of the estate: a) Minor children, parents, spouses; b) Adult children without working capacity.”
Therefore, although the will does not mention the right to inherit the property of the above or is disqualified from inheriting the property, they are still automatically entitled to at least two-thirds of inheritance according to the law.
How to divide inheritance according to law
Cases of inheritance according to law
Inheritance will divided according to the law in the cases specified in Article 650 of the 2015 Civil Code as follows:
“1. Inheritance at law applies in the following cases: a) There is no will; b) The will is illegal; c) The heirs under the will die before or at the same time as the deceased. make a will; the agency or organization entitled to inherit under the will no longer exist at the time of opening the inheritance; d) Persons designated as heirs under the will who do not have the right to inherit or refuse to receive the estate.”
According to the above provisions, when the heir does not have a will or the will is illegitimate, the inheritance will divided according to the law.
In addition, for those designated as heirs who do not have the right to inherit or refuse to receive the estate, the part of that person’s estate determined in the will divided according to law.
Determining the legal status and inheritance
The category of heirs is the range of people who legally entitled to inherit the deceased’s inheritance.
And The category of heirs determined according to three relationships to the person leaving the estate: blood, marriage, and nurturing relationship.
The categories of heirs are classified into three lines of inheritance according to the provisions of Article 651 of the 2015 Civil Code as follows:
“1. The at-law heirs are prescribed in the following order: a) The first line of inheritance includes: wife, husband, biological father, natural mother, adoptive father, adoptive mother, natural child, an adopted child of the deceased; b) The second line of inheritance includes: grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, biological brother of the deceased; biological grandchildren of the deceased and the deceased is the grandfather, grandmother, maternal grandfather or grandmother; and biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandchildren of the dead, but the dead are paternal and maternal great-grandmothers.”
Accordingly, the heirs of the same line entitled to equal shares. The people in the next line of heirs only entitled to inherit if there is no one in the previous line of heirs according to the law.
In case of inheriting position
As a general rule, the heir must alive at the time the inheritance opened.
However, in fact, there are cases where the heir dies before or at the same time as the heir.
Therefore, the law of our country has provided for the case of inheritance as follows:
“In case a child of the estate leaver dies before or at the same time as the leaver, the grandchild is entitled to the portion of the estate that his or her father or mother would enjoy if he was still alive; If the grandchild also dies before or at the same time as the person leaving the estate, the great-grandchild will enjoy the portion of the estate that the great-grandchild’s father or mother would have enjoyed if he was still alive.”
Inheritance is the act whereby a child (grandchild, great-grandchild) allowed to take the place of a father or mother (grandparent); in order to enjoy the inheritance of the grandparents (or great-grandfather) in the event that the father or mother (grandfather or grandmother) dies; before or died with the grandfather, grandmother (or great-grandfather).
The heirs of the estate entitled to the portion of the estate that their parents (or grandparents) would enjoy if they were still alive, and equally divide into the estate with others.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Guidance on procedures for an opening inheritance according to Vietnamese law“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Inheritance rights of stepchildren in case of dispute in Vietnam
Some notes on inheritance with foreign elements
Can foreigners inherit land under a will?
Related questions
Persons from full 15 years old to under 18 years old have the right to make a will. People of this age can be self-sufficient in their assets; however, the making of wills at this age should be strictly controlled because they have their own property; However, there are still many limitations in terms of perception.
For the cost of notarization of the agreement on the division of the estate, the document declaring the inheritance, the notarization requester will have to bear two fees for notarization fees and notarization’s remuneration. As for personal income tax, the person who receives the inheritance will be subject to this tax.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question about: “Guidance on procedures for an opening inheritance according to Vietnamese law“. If you need more information, please contact LSX Law firm: +84846175333 or Email: [email protected].
Conclusion: So the above is Guidance on procedures for an opening inheritance according to Vietnamese law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
