Lawyer
Inherit
The inheritance law is a basic and important regulation in the civil law in Vietnam. Although the provisions on inheritance law are clearly defined and quite detailed. However, because it is a fairly common legal relationship, any individual or organization can become the subject of the law on inheritance, but in fact, inheritance-related disputes often take place.
The inheritance law consulting service helps the parties involved in this legal relationship gain a thorough understanding of the inheritance law when it is necessary to make a will and decide on their property after death to avoid unnecessary disputes; clearly understand the rights of the parties involved in the inheritance left by relatives to avoid disputes, or claim their legitimate rights…
Dịch vụ chi tiết
General legal consulting services related to inheritance issues;
Services of consulting, drafting and guiding the making of wills in accordance with the law;
Legal consulting services, guidance on inheritance declaration;
Consulting service, representative for registration of inheritance after declaration;
Attorney/Authorized representative services to settle inheritance disputes at Court;
Legal consulting services, implementation of inheritance procedures, settlement of inheritance disputes involving foreign elements.
I. Basic legal contents on inheritance:
Before that, inheritance rights were defined in important legal documents such as the Ordinance on Inheritance 1990; Law on Marriage and Family 2000; Civil Code 1995; Civil Code 2005. Up to now, the law on inheritance is specified in the Civil Code 2015; Law on Marriage and Family 2014 and other guiding documents. Accordingly, the inheritance can be done on the basis of a will or according to the provisions of law.
Regarding the right to inheritance, the law provides for the right to leave an estate to an heir, the right to enjoy the inheritance, the right to request the division of the inheritance, the right to request confirmation of his or her inheritance or the right to inherit. deny the inheritance of another. The property holder has the right to dispose of the property under his/her ownership by leaving it to another person through making a will.
Regarding the heir, the law also has requirements that at the time of the death of the person leaving the estate – the time of opening the inheritance, the heir is determined as follows:
- The person who is decided by the person leaving the estate according to the will (if there is a will).
- Being an heir according to the line of succession (according to the law) specified in Article 651 of the Civil Code 2015.
Accordingly, the inheritance according to the provisions of Article 651 of the Civil Code 2015 includes:
- The first line of inheritance includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
- The second line of inheritance includes: grandfather, grandmother, grandfather, grandmother, brother, sister, brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
- 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; the biological grandchild of the deceased and the deceased person’s biological uncle, uncle, aunt, biological aunt, biological aunt or great-grandchild of the deceased, and the deceased person is a paternal or maternal great-grandfather.
Heirs in the same row are entitled to an equal share of the estate. Those in the following line of heirs are entitled to inherit only if no one in the previous line of heirs is dead, has no right to inherit, is disqualified from inheriting or refuses to receive the estate.
In addition, the heir under the will as well as the law mentioned above must comply with the provisions of Article 613 of the Civil Code 2015 “The heir being an individual must be a person who is still alive at the time of opening the inheritance or was born and was still alive after the time of opening the inheritance but became pregnant before the leaver died. In case the heir under the will is not an individual, it must exist at the time of opening the inheritance.
Regarding the case where the inheritance of persons with the right to inherit each other’s estates die at the same time, it is also specified in Article 619 of the Civil Code 2015 as follows: if each other’s estate dies at the same time or is considered dead at the same time because it is impossible to determine which person dies first (hereinafter referred to as concurrently dying), they are not entitled to inherit each other’s estates and estates. of each person shall be enjoyed by that person’s heir, except for the case of inheritance of a position as prescribed in Article 652 of this Code.”
Accordingly, Article 677 of the 2015 Civil Code stipulates on succession: “In case a child of the estate leaver dies before or at the same time as the leaver, the grandchild is entitled to the portion of the estate that the father has left. or the child’s mother is entitled to it if she is 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 enjoy if he was still alive.
Finally, on inheritance, Article 612 of the Civil Code also provides detailed provisions: “The estate includes the separate property of the deceased, the part of the deceased’s property in the common property with other people. “. This property must be legally owned property, including real things, money, valuable papers with money of the heir.
II. Contact a solicitor:
Phone number: 0909 865 891 (Lawyer Vo Thi Man)
Email: hello@voconsultants.vn – voman@voconsultants.vn
Office address: 8th floor, Callary Building, 123 Ly Chinh Thang, Vo Thi Sau Ward, District 3, Ho Chi Minh City, Vietnam.
Vo & Asscociates provides lawyer services, legal consulting services in a variety of fields: Business lawyer, real estate, land, civil, marriage, family, intellectual property law, labour. action, criminal….
Contact us directly for fast and efficient services.
Best regards./.
