Regulations of Vietnamese law on the right to inherit the property of second wives
Nowadays, the phenomenon of husbands taking second wives when the first marriage breaks up is no longer a rare thing. The question is: is the second wife’s right to inherit property regulated by law? What are the regulations? To better understand this, today, LSX Lawfirm will give you an article about “Regulations of Vietnamese law on the right to inherit the property of second wives”, as follows:
Legal grounds
Civil Code 2015
Law on marriage and family 2014
Law on Notarization 2014
What is inheritance?
The right to inheritance is prescribed in Article 609 of the Civil Code 2015. Accordingly, the right to inheritance is the right to make a will to dispose of one’s property, to leave one’s property to the heir at law, and to enjoy the inheritance. by will or by law. In addition, heirs who are not individuals have the right to inherit according to will.
Divide inherited property according to the provisions of Vietnamese law
The 2015 Civil Code stipulates two methods of dividing inherited assets: dividing inherited assets according to wills and dividing inherited assets according to law.
The division of inheritance according to the will is prescribed in Chapter XXII of the Civil Code 2015. The division of inheritance according to the will is the case where the deceased leaves a will.
A will is an expression of an individual’s will to transfer his/her property to another person after his/her death (Article 624 Civil Code 2015). In principle, an inherited property is distributed according to the will of the testator.
However, Vietnamese law also protects the rights of others by providing that heirs are not dependent on the will:
“Article 644. The heir does not depend on the content of the will
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 only grant less than two-thirds of that portion of the estate:
a) Minor children, father, mother, wife, husband; b) Adult children without working capacity.”
In addition
The division of inherited property according to law is prescribed in Chapter XXIII. This case usually applies when the deceased did not leave a will or the will is invalid. The division of inherited property will done according to the line of inheritance (Clause 1, Article 651 of the Civil Code 2015):
- The first line of inheritance: wife, husband, biological father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
- The second line of inheritance: grandfather, grandmother, maternal grandfather, grandmother, brother, sister, younger brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
- The third line of inheritance: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandson of the deceased, but the deceased is a paternal great-grandfather.
- As a rule, heirs of the same row are entitled to an equal share of the estate. The people in the next line of heirs are entitled to inherit, if there is no one in the previous line of succession because they have died, do not have the right to inherit or refuse to receive the estate.
Procedures for division of inheritance
Procedures for division of inherited assets comply with the provisions of the Law on Notary 2014. Accordingly:
Step 1: Prepare documents
- Notarization request form
- Papers proving the relationship between the estate leaver and the notarization requester
- Death certificate or other document proving that the person leaving the estate has died
- A draft document of agreement on the division of estate or document of inheritance declaration (if any)
- Proof of identity documents such as People’s identity cards, citizen identification, .. of the heir
- Documents on inheritance such as Certificate of land use right, …
- The requester submits the documents to the Notary Office
Step 2: Check and list publicly
Pursuant to Article 18 of Decree 29/2015/ND-CP, the notarized acceptance of the written agreement on the division of the estate, the document declaring the inheritance must be posted up within 15 days from the date of posting. . The posting shall be made by a notarial practice organization at the headquarters of the commune-level People’s Committee of the last place of permanent residence of the estate leaver. the person’s final temporary stay.
Step 3: Notarized signature and return results
After posting up the written agreement on the division of the estate, the document on receipt of the estate expires without any denunciation or reflection, the notary office guides the heir to sign the document declaring the inheritance. estate division agreement.
Legal provisions on the right to inherit the property of the second wife
The right to inherit the property of the second wife in the case of a legal wife
Current Vietnamese law only allows monogamous marriage (Clause 1, Article 2 of the Law on Marriage and Family 2014). A man and a woman who register their marriage in accordance with regulations considered a legal marriage. If the husband does not leave a will, the second wife has the right to inherit according to regulations then.
So If the husband has a will, the second wife entitled to inherit according to the will. If in the will, the husband does not leave any property to his wife, the second wife still has the right to inherit. The second wife, in the case of an heir who is not dependent on the will, entitled to enjoy a portion of the estate equal to 2/3 of the rate of an heir according to the law.
The right to inherit the property of the second wife in case she is not a legal wife
The State does not recognize a legal husband and wife in cases where two people live together as husband and wife, but do not register their marriage as prescribed by law. In each case where the second wife will have the right to inherit:
Second wife named in the will: enjoy the estate in proportion to the share divided in the will. The division of property according to the will shall comply with the provisions of law then.
In case the deceased does not leave a will, the inherited property shall divided according to law. According to the regulations, the heirs in the line of inheritance include the “Wife” – the legal wife. Therefore, this second wife is not eligible for inheritance under the law.
In case two people have a common property, this property divided according to each person’s contribution.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Regulations of Vietnamese law on the right to inherit the property of second wives”. 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
- How to determine when to start child support under Vietnamese law
- In Vietnam, living together as husband and wife have obligations to each other?
- Procedures for refusing to receive an inheritance in Vietnam
- How is the certificate of singleness currently regulated under Vietnamese law?
Related questions
Firstly, Regarding the inheritance of the person who leaves the estate: Every individual has the right to dispose of his or her property in the form of a will before he or dies.
Secondly, Regarding the inheritance rights of the recipients of the estate: Every individual has the right to receive the estate in the case of being eligible to receive the estate according to the law or according to the will.
Article 652 of the 2015 Civil Code stipulates the inheritance of position as follows: “In case a child of the estate leaver dies before or at the same time as the leaver, the grandchild shall be entitled to the portion of the estate that his or her father or mother would have enjoyed 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.”
Article 620 of the Civil Code provides for the refusal to receive an estate as follows: “The heir has the right to refuse to receive the estate unless the refusal is aimed at evading 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, and other heirs who are assigned the task of dividing the estate. The refusal to receive the estate must be made before the time of the division of the estate.”
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “Regulations of Vietnamese law on the right to inherit the property of second wives “. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is Regulations of Vietnamese law on the right to inherit the property of second wives. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
