Vietnam law has specified regulations on inheritance at law. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what does inheritance at law mean in Vietnam? What are cases of inheritance at law? Thanks for answering me!”
Legal grounds
2015 Vietnam Civil Code
Rights of inheritance
A natural person may make a will to dispose of his or her estate, may leave his or her property to an heir in accordance with law, or may inherit an estate left to him or her under a will or in accordance with law. An heir not being natural person has the right to inherit estate under a will.
All natural persons are equal with respect to rights to bequeath their property to others and to inherit estates under wills or in accordance with law.
The time of commencement of an inheritance shall be the time when the deceased dies. Where a court declares that a person is dead, the time of commencement of the inheritance shall be the date provided in Clause 2 of Article 81 of Vietnam Civil Code. The place of commencement of the inheritance shall be the last place of residence of the owner of the estate. If the last place of residence is not able to be determined, the place of commencement of the inheritance shall be the place at which all or most of the estate is located.
An estate comprises property which the deceased owned and property which the deceased jointly owned with other persons. If an heir is an individual, such person must be alive at the time of commencement of the inheritance or, if such person is born and alive after the commencement of inheritance, must have been conceived prior to the time when the deceased dies. Where an heir under a will is a body or organization, it must be in existence at the time of commencement of the inheritance.
What is inheritance at law?
Inheritance at law means inheritance in accordance with the order of priority of inheritance and the conditions and procedures of inheritance provided by law.
Cases of inheritance at law
– Inheritance at law shall apply in the following cases:
+ There is no will;
+ The will is unlawful;
+ All heirs under the will died prior to or at the same time as the testator dying, or the bodies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;
+ The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.
– Inheritance at law shall also apply to the following parts of an estate:
+ Parts of an estate in respect of which no disposition has been made in the will;
+ Parts of an estate related to an ineffective part of the will;
+ Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.
Regulations on heirs at law
– Heirs at law are categorized in the following order of priority:
+ The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
+ The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
+ The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.
– Heirs at the same level shall be entitled to equal shares of the estate.
– Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.
Regulations on succeeding heirs
Where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.
Inheritance relations between adopted children and their adoptive parents and biological parents
An adopted child and his or her adoptive parents may inherit each other’s estates and may also inherit in accordance with articles 651 and 652 of Vietnam Civil Code.
Inheritance relations between stepchildren and their stepparents
If a stepchild and his or her stepparents care for and support each other as though they were biologically related, they may inherit each other’s estates and may also inherit in accordance with articles 652 and 653 of Vietnam Civil Code.
Inheritance where wives and husbands have divided multiple ownership property, have applied for divorce or have remarried
– Where a wife and husband have divided their multiple ownership property while they are still married and one of them subsequently dies, the surviving spouse shall still be entitled to inherit the estate of the deceased.
– Where a wife and husband have applied for but not yet obtained a legally effective divorce pursuant to a judgment or decision of a court, or they have obtained such a divorce but the judgment or decision of the court is not yet effective, and one of them dies, the surviving spouse shall, nevertheless, be entitled to inherit the estate of the deceased.
– A person who is the wife or husband of the deceased at the time when his or her spouse dies shall be entitled to inherit the estate of the deceased even if that person subsequently remarries.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
Inheritance at law means inheritance in accordance with the order of priority of inheritance and the conditions and procedures of inheritance provided by law.
Heirs at the same level shall be entitled to equal shares of the estate.
Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.
Conclusion: So the above is Inheritance at law according to Vietnam Civil Code. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
