Inheritance is the inheritance of a deceased person’s property by a living person. Inheritance requires a manager. So, what are the rights of an inheritance manager in Vietnam? Let’s find out with Lawyer X through the following article!
Legal grounds
Civil Code 2015
Who is the administrator of the inheritance?
Pursuant to Article 616 of the 2015 Civil Code, the estate administrator is the person appointed in the will or appointed by agreement of the heirs.
In case the will does not appoint an administrator of the estate and the heirs have not yet been able to appoint a manager of the estate, the person who is possessing, using and managing the estate shall continue to manage the estate until the people who are in possession of the estate. the heir shall appoint an administrator of the estate.
In case the heir has not been identified and the estate has no manager according to the above provisions, a competent state agency shall manage the estate.
The administrator of the estate used for worship
Article 645 of the 2015 Civil Code provides:
Where the testator leaves a part of the estate to be used for worship, that part of the estate shall not be divided into inheritance and shall be assigned to the person designated in the will for management to perform the worship; if the designated person fails to properly perform the will or according to the agreement of the heirs, the heirs have the right to transfer the portion of the estate used for worshiping to another person to manage for worship.
If the person leaving the estate does not appoint a manager of the worship estate, the heirs shall appoint a manager.
In case all the heirs according to the will have died, the part of the estate used for worship shall belong to the person who is lawfully managing the estate among the legal heirs.
Is it authorized to claim inheritance?
According to current law, inheritance declaration is a procedure performed by the heir to establish property rights to the inherited estate at the time of birth of the inheritance right after the person leaving the estate. died.
According to Clause 1, Article 58 of the Law on Notary 2014, there are two cases in which the procedures for declaring inheritance can be carried out:
The sole heir is entitled to the inheritance according to the law; or
The heirs are entitled to the same estate according to the law, but agree not to divide the inheritance but make a written declaration of a unified block of inheritance.
Accordingly, at present, the law does not prohibit the authorization of inheritance declaration. Therefore, when an heir in either of the two cases carries out the procedures for declaring the inheritance, he/she has the right to authorize another person to perform the inheritance declaration. In case of authorization to declare the inheritance, when carrying out the procedures for declaring the inheritance, a written authorization to declare the inheritance is required (the contract of authorization to declare the inheritance).
Procedures for notarization of authorization contract to declare inheritance
Pursuant to Articles 40, 41, 55 of the Law on Notary 2014 stipulating the procedures for notarizing the authorization contract to declare inheritance, specifically as follows:
Profile composition:
A notarized dossier of authorization contract to declare inheritance of inheritance includes the following papers:
Notarization request form, made according to the form of the notarial practice organization;
Draft contract of authorization to declare inheritance (if any);
The original identity papers of the parties in the authorization contract to declare the inheritance: Identity card/Citizen ID/Passport still valid;
Household books of the parties;
Original papers proving the marital status of the parties in the authorization contract to declare inheritance: Marriage registration certificate, Certificate of single status,…;
Original Death Certificate or Court Decision declaring the person leaving the estate has died;
The original certificate of ownership of the property of the person leaving the estate;
Original documents proving the relationship between the estate leaver and the heir (authorizer): Marriage certificate, birth certificate, etc.
Implementation steps:
Step 1: Submit your application
The requester shall submit 01 set of the above-mentioned dossiers directly at the head office of the notarial practice organization (Notary Office or Notary’s Office).
The requester may request to perform the notarization procedure of the authorization contract to declare the inheritance at home or at another place other than the head office of the notarial practice organization if he is an old and weak person, unable to walk. Okay,…
Step 2: Receive and check documents:
The receiving notary checks the documents in the dossier.
If the dossier is complete and in accordance with the law, the notary will accept it and record it in the notary book.
If the dossier is incomplete or not in accordance with the law, the notary shall request the parties to clarify; In case of failure to clarify, the notary shall refuse to notarize.
Step 3: Notarize the authorization contract to declare inheritance:
In case the parties have a draft authorization contract to declare the inheritance: The notary shall examine the draft; If the draft contains content that violates the law or is contrary to social ethics, the parties shall correct it at the request of the notary. If not corrected, the notary will refuse to notarize.
In case the parties do not have a draft authorization contract to declare the inheritance, the notary shall draft an authorization contract to declare the inheritance at the parties’ request if the contract’s content does not violate legal regulations law and not contrary to social morality.
The parties themselves re-read the draft contract of authorization to declare inheritance. The parties agree to all contents in the draft authorization contract to declare inheritance, then sign each page of the contract.
The notary shall record testimonies, sign and seal the notarial practice organization.
Step 4: Return the result:
The notary collects fees, notary remuneration and other expenses (if any) and returns the documents to the requester.
Notarization time limit: no more than 02 working days; if the authorization contract for inheritance declaration has complicated contents, the time limit for notarization may be extended but must not exceed 10 working days.
What are the rights of an estate administrator?
An estate administrator defined in Clauses 1 and 3, Article 616 of the Civil Code 2015 has the following rights:
Representing the heirs in relation to a third person related to the inheritance;
To receive remuneration according to the agreement with the heirs;
Get paid for the cost of preserving the estate.
Persons who are possessing, using and managing the estate specified in Clause 2, Article 616 of the Civil Code 2015 have the following rights:
To continue using the estate as agreed in the contract with the estate leaver or with the consent of the heirs;
To receive remuneration according to the agreement with the heirs;
Get paid for the cost of preserving the estate.
In case no agreement is reached with the heirs on the level of remuneration, the administrator of the estate is entitled to a reasonable remuneration.
Obligations of the estate administrator
An estate administrator specified in Clauses 1 and 3, Article 616 of the Civil Code 2015 has the following obligations:
Make a list of heritage; recover property belonging to the deceased’s estate that other persons are possessing, unless otherwise provided for by law;
Heritage preservation; may not sell, exchange, donate, pledge, mortgage, or otherwise dispose of the property, without the written consent of the heirs;
Notice of estate status to heirs;
To pay compensation for damage if he/she breaches his/her obligations and causes damage;
Handing over the estate at the request of the heir.
Persons who are possessing, using and managing the estate specified in Clause 2, Article 616 of the Civil Code 2015 have the following obligations:
Heritage preservation; not sell, exchange, donate, pledge, mortgage or otherwise dispose of property;
Notice of estate to heirs;
To pay compensation for damage if he/she breaches his/her obligations and causes damage;
Hand over the estate as agreed in the contract with the estate leaver or at the request of the heir.
Related article:
Inheritance under wills according to Vietnam Law
General provisions on inheritance according to Vietnam Civil Code
Procedures for refusing to receive an inheritance in Vietnam
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Frequently asked questions
Inheritance is the property left by the dead to the living. Article 612 of the 2015 Civil Code (BLDS) stipulates that “Inheritance includes the separate property of the deceased, the part of the property of the deceased in the common property with others”.
Thus, inheritance is all property legally owned by the deceased, his/her property rights.
In case there is no heir according to the will, according to the law or there is but no right to inherit the estate or refuses to receive the estate, the remaining property after the performance of property obligations but no one has acknowledged succession to the State.
Conclusion: So the above is Rights of an inheritance manager in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
