Dear Lawyer, currently my family is learning about wills and inheritance rights. But there are some issues I still don’t understand about inheritance. Can a lawyer explain to me What is Inheritance? How is the nature of the right to inheritance regulated by law? Ask your lawyer to answer. Thank you
Questions about “How are inheritance rights and the nature of inheritance rights regulated by law?” will be answered by Lawyer X in the following article:
Legal grounds
Civil Code 2005.
What is inheritance?
Inheritance is the combined succession of living people to the right; obligations of the deceased. The succession of all or part of the rights; The obligations left by the deceased also depend on the provisions of law and the will of the estate leavers and beneficiaries.
Inheritance in the subjective sense is the right of the person leaving the estate and the right of the recipient of the estate. This subjective right must be consistent with the provisions of the law in general and the law on inheritance in particular.
So when to open inheritance?
History of Inheritance
In feudalism and capitalism, the exploiting class possesses the main means of production of society; their legacy to their descendants is not just about passing on economic power; but also the political transmission of power to perpetuate oppression; exploitation of those classes on the working people. In societies with different modes of ownership, inheritance is one of the ways to strengthen and develop that ownership.
Inheritance and continuation from one generation to another is an objective law, but how the inheritance relations in each social regime are resolved is subjectively determined by people. Individual ownership is the objective basis of inheritance. Therefore, the right of inheritance in our country’s current conditions is presented as a means to strengthen citizens’ property; strengthen marital and family ties; protect the interests of minors; or an adult who has no working capacity.
What is the law on inheritance?
The laws of our State protect the basic interests of each employee based on protecting the interests of the State; common interests of the whole society; contribute to eradicating the remnants of the inheritance regime left by the feudal colonial society; create a favorable legal environment; make the working people feel secure to work and produce; create a lot of material wealth for society.
The right of inheritance comes from the point of view of the family as a social cell; must ensure the legitimate interests of all members and the stability of each family. On the other hand, through inheritance rights, educate each member’s sense of responsibility towards the family. Therefore, determining the identity of the heirs as well as the method of inheritance division in the inheritance law has an important meaning in the performance of its role and social functions.
Thus, we have provided the necessary information about the nature of inheritance rights.
Who is entitled to inherit according to regulations?
In Article 676, the Civil Code stipulates the legal heirs.
1. The at-law heirs are specified in the following order:
a) The first line of inheritance includes: wife, husband, natural father, and mother; adoptive father, adoptive mother, natural child, adopted child of the deceased;
b) The second line of inheritance includes: grandfather, grandmother, grandfather, grandmother; biological brother, sister, biological brother of the deceased; grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
c) The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; besides, biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts; biological aunt or great-grandchild of the deceased, but the deceased is a paternal great-grandmother.
The inheritance includes what?
The inheritance includes: the personal property of the deceased; the deceased’s share of the property in common with others; The land use right is inheritance according to the provisions of the civil and land law.
Inheritance also includes the property rights and obligations of the deceased, such as the right to claim debt, the right to claim compensation for damage; moral rights associated with a property such as copyright, rights to industrial property objects; debts, damages…
When is the time to open the inheritance?
When a person dies, the inheritance of that person’s estate arises. Therefore, the time of opening the inheritance is the time when the owner of the property (also known as the person leaving the estate) dies. According to the provisions of Clause 1, Article 611 of the 2015 Civil Code:
“The time to open the inheritance is the time when the owner of the property dies. In case the Court declares a person dead, the time of opening the inheritance is the date determined in Clause 2, Article 71 of this Code.” It is the time point from which the property rights and obligations of a person (the estate leaver) cease; at the same time, these rights and obligations are transferred to the heirs according to the will or the law.
Usually, if a person dies that everyone knows; then the time when the person who left the legacy dies is the time when that person takes his last breath. The basis for determining the time of opening the inheritance is the record in the death certificate of the hour; day, month, and year the person who left the legacy died.
How to determine where to open inheritance?
During a lifetime, a person can live in many places in turn, and each place may or may not have assets under his/her legal ownership and right to use. Therefore, according to the provisions of Clause 2, Article 611 of the 2015 Civil Code:
“The place of opening the inheritance is the last place of residence of the person leaving the estate; if the last place of residence cannot be determined, the place of opening the inheritance is the place where the entire estate is located or where the majority of the estate is located.”
This means that the determination of the place of opening the inheritance can be according to the place of residence or where the estate is located and follows the following order:
1. The place of opening the inheritance is the last place of the person leaving the estate because the last place of residence is usually the place where that person has the property; besides, the place where the civil transactions of the person who left the estate were gathered while he was still alive; the place where the person’s property rights and obligations arise; where he or she exercises property rights and obligations. Therefore, it is a convenient place for the identification and division of the estate.
2. If the last place of residence of the estate leaver cannot be determined, the place of opening the inheritance is the place where the entire estate is located. In cases where the estate leaver has assets in many places; then the place where the majority of the person’s assets are located will be determined as the place of inheritance.
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?
Frequently asked questions:
Article 644 of the 2015 Civil Code on Heirs regardless of the content of the will, according which: “The following people are still entitled to an inheritance equal to two-thirds of the rate of an heir at law, if heirs the estate is distributed according to the law, in case they are not allowed to enjoy the estate by the testator or only receive less than two-thirds of the estate:
Minor children, fathers, mothers, wives, and husbands; Adult children without working capacity.”
Inherited, with the cases specified in Article 655 of the 2015 Civil Code, which are:
Article 655. Inheritance in cases where husband and wife have divided common property, are applying for divorce, or are married to another person
In case the husband and wife have divided the common property while the marriage still exists and then one of them dies, the surviving person will still inherit the estate.
In case a spouse applies for divorce but has not been granted a divorce or has been granted a divorce by a court with a judgment or decision that has not yet taken effect, if one of them dies, the surviving person will still inherit the estate.
A person who is a spouse of a person at the time of his/her death, even though later married to another person, still inherits the estate.
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