So far, the issue of inheritance has always been a civil matter interested by many people. Because of its importance in daily life, the law has detailed provisions on this issue. If it’s just a matter of domestic inheritance, the procedures are clearly regulated and easy to follow. What about the case of inheritance but with foreign elements? So is the procedure the same as a domestic inheritance case? Let LSX Law firm Inform you of the current law on inheritance with foreign elements through the article below.
Civil Code 2015
What is Inheritance with foreign elements?
Inheritance with foreign elements according to the 2015 Civil Law is an inheritance relationship with at least one of the subject parties being an individual; foreign legal entity; grounds for establishment or change; termination of that relationship occurs abroad; inheritance abroad.
This inheritance relationship is based on the following factors:
- The parties to the inheritance relationship (maybe one or two parties) are foreigners; foreign legal entity;
- The object of the inheritance relationship is oversea;
- The legal event giving rise to; change; termination of inheritance relations occurring abroad; under foreign law.
According to Clause 1, Article 680 of the 2015 Civil Code, Issues about the content of the will; the time of opening the inheritance. Inheritance must comply with the law of the country of which the person leaving the heir has the nationality right before his death. This provision also applies similarly to the case of inheritance under a will with foreign elements.
Inheritance procedures with foreign elements
Inheritance procedures with foreign elements are similar to common inheritance procedures.
Firstly, the heirs, inheritance administrators, determine the time and place to open the inheritance, applicable law in each case to carry out the procedures for division of inheritance.
In case there is an heir who is abroad, First, the person living abroad must carry out the procedures for authorization to receive the inheritance for the authorized person in Vietnam.
The authorization is authenticated at the representative agency of Vietnam in the country where the person is living.
The Power of Attorney must clearly state the following information: information about the authorizer and the authorized person; the authorization basis includes information on inheritance, inherited property, etc.
Then after the Power of Attorney is sent back from the person living abroad, the authorized person can join with other co-heirs of the person who is living abroad to the notary agency to request the procedures for declaration of inheritance according to the provisions of law.
Additionally, The authorized person only performs the work within the authorized scope.
After that, the heirs need to carry out the procedures for agreeing to divide the inheritance and register the ownership and use rights of the property they have inherited according to the provisions of law.
Frequently asked questions
Dossier for refusing to receive inheritance?
- Written refusal to receive inheritance (according to the form above).
- Identity document (ID card or passport).
- Certificate of ownership of the property of the person refusing the inheritance.
- Other relevant papers: Birth certificate, Death certificate…
Inheritance under a will with foreign elements, what regulations should you pay attention to?
For inheritance under a will with foreign elements; The Civil Code stipulates as follows:
Firstly, the capacity to make a will, change, and cancelation if a will must comply with the law of the country of which the testator is a citizen
Secondly, The form of the will must comply with the laws of the country. country where the will is created
If Vietnamese citizens make wills abroad, they must comply with foreign laws on the form of wills; if a foreign citizen makes a will in Vietnam, he/she must comply with the provisions of Vietnamese law on the form of a will.