My grandmother’s family has 04 children including her mother, 02 aunts, 01 uncle (he is mentally ill). My grandmother died without leaving a will, now the two aunts want to leave the inheritance to my mother and let her take care of him. May I ask: Is the property left by my two aunts my mother’s property or is it the common property of my parents? So, what is the procedure if my two aunts want to refuse to receive the estate? What is the latest procedure for refusing to receive an inheritance? Please consult a lawyer to help me. Thank you sincerely.
Legal grounds
Civil Code 2015
Contents of application to refuse to receive an inheritance
Under Article 620 of the 2015 Civil Code, the heir to the estate has the RIGHT to refuse the inheritance. The refusal to receive the estate must make in writing and send to the administrator of the estate, other heirs who have the task of dividing the estate.
Contents of application for refusal to receive inheritance:
– Date of application;
– Place of application: home, agency, notary office…
– Then, nformation about the person who refuses to receive the inheritance;
– Form of inheritance: according to will or by law;
– Information about the person leaving the estate;
– Similarly, information about the estate you want to refuse: land, house, money…;
– Commitment to voluntarily refuse to receive the estate and ensure accurate information;
– At the end of the application, sign and write the full name of the applicant.
What is the latest procedure for refusing to receive an inheritance?
Article 620 of the 2015 Civil Code provides for the refusal to receive the inheritance as follows:
– The heir has the right to refuse to receive the estate unless the refusal is to evade the performance of his/her property obligations towards another person;
– The refusal to receive the estate must be made in writing and sent to the administrator of the estate, other heirs, and the person assigned to divide the estate for information;
– The refusal to receive the estate must be shown before the time of the division of the estate.
The procedure for refusing to receive the inheritance will be carried out with the procedure for declaring the inheritance. Therefore, when going to the commune level or going to the notary office to carry out the procedures to declare the inheritance, the two aunts will exchange this refusal document or ask the notary office to draft and notarize it (if necessary).
Documents required when carrying out the procedures for declaring the inheritance and refusing to receive the estate are:
– Death certificate of the deceased;
– Besides, birth certificate, marriage registration certificate, or other papers proving the status of inheritance;
Papers proving the right to use and own property of the deceased;
– an ID card, CCCD, and household registration book of the heirs.
When can I refuse to receive an inheritance?
Refusal to receive an inheritance is an act of an individual after being appointed as an heir; if they do not want to inherit that part of the estate, they have the right to refuse to accept them. Accordingly; for any reason; the beneficiary of the inheritance also has the right to refuse; except for the following 03 notes:
– Not to refuse to evade the performance of property obligations to others
– Must be documented and sent to the administrator of the estate; other heirs; the person assigned to distribute the estate to know.
– Must refuse before the time of the division of the estate
In many cases; they do not need an inheritance; want to give that part of the estate to the remaining co-heirs.
Those who are refused to receive the inheritance
Accordingly, the testamentary heir is the person who is designated by the estate leaver as the heir in the will. The legal heirs are defined in Article 651 of the latest Civil Code, specifically:
– The first row includes husband and wife; father; mother tongue; foster-father; biological children; adopted child
– Then the second row includes grandparents; siblings; Grandsons call dead people grandparents.
– After that, the third row includes internal and external tools; Aunt; uncle; boy; Miss; aunt; Grandsons call the dead person uncle, uncle, aunt, uncle, aunt, great-grandson calls the dead person paternal and maternal great-grandmother.
In addition, the following people are not entitled to inheritance:
Persons convicted of intentional acts of infringing upon life and health; or about acts of serious abuse, torturing the person who left the estate, seriously infringing upon the honor and dignity of that person;
– Persons who seriously violate the obligation to nurture the estate leavers;
The person is convicted of intentionally infringing upon the life of another heir to enjoy part or the whole of the estate to which such heir is entitled;
Maybe you are interested
The current Law on inheritance with foreign elements
Divide inheritance for mortgaged real estate in accordance with Vietnamese law
Frequently asked questions
Currently, the law is not required to notarize and authenticate documents refusing to receive an inheritance. But, today, to facilitate the purchase and sale procedures; transfer the inheritance later; The refusal to receive the inheritance should be made in writing and required notarization or authentication.
Article 42 of the Law on Notarization 2014 is as follows:
Notaries of notarial practice organizations may notarize real estate contracts and transactions within the province or centrally run city where the notarial practice organization is located, except for cases where the notary public probate, written refusal to accept the estate as immovable property and power of attorney relating to the exercise of rights to immovable property.
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