Do the heirs by law have the right to request the division of inheritance in kind?
Do the legal heirs have the right to request the division of inheritance in kind?
Based on the provisions of Clause 2, Article 660 of the Civil Code 2015 as follows:
Division of inheritance according to the law
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2. The heirs have the right to request the division of inheritance in kind; if it cannot be equally divided in kind, the heirs can agree on the valuation of the items and the allocation of the items to specific heirs; if no agreement is reached, the items shall be sold for division.
According to the above regulation, the heirs have the right to request the division of inheritance in kind.
However, if it cannot be equally divided in kind, the heirs can agree on the valuation of the items and the allocation of the items to specific heirs.
If no agreement is reached, the items shall be sold for division.
Do the legal heirs have the right to request the division of inheritance in kind?
Who is not entitled to the inheritance?
Based on the provisions of Article 621 of the Civil Code 2015, those who are not entitled to the inheritance include:
- Those who are convicted of intentionally infringing on the life or health, or severely mistreating, torturing the decedent, or seriously offending the honor and dignity of the decedent;
- Those who seriously violate the duty to support the decedent;
- Those who are convicted of intentionally infringing on the life of another heir to gain part or all of the inheritance that the heir is entitled to;
- Those who deceive, coerce, or prevent the decedent from making a will; forge, alter, destroy, or conceal the will to gain part or all of the inheritance contrary to the will of the decedent.
Note: The above-mentioned individuals are still entitled to the inheritance if the decedent knew about their actions but still allowed them to inherit according to the will.
When is the time of opening the inheritance?
Based on Article 611 of the Civil Code 2015 as follows:
Time and place of opening the inheritance
1. The time of opening the inheritance is the time when the person with assets dies. In the case where the court declares a person dead, the time of opening the inheritance is the date determined in Clause 2 of Article 71 of this Code.
2. The place of opening the inheritance is the last residence of the decedent; if the last residence cannot be determined, the place of opening the inheritance is where all or most of the assets are located.
According to the above provision, the time of opening the inheritance is determined as follows:
- The time of opening the inheritance is when the person with assets dies.
- In the case where the court declares a person dead, the time of opening the inheritance is the date determined in Clause 2 of Article 71 of the Civil Code 2015.
Referring to Article 71 of the Civil Code 2015 as follows:
Declaration of death
1. A person with related rights and interests may request the court to declare a person dead in the following cases:
a) After 03 years from the effective date of the court's decision to declare a person missing, and there is no truthful news about that person being alive;
b) Disappeared during a war for 05 years from the end of the war, and there is no truthful news about that person being alive;
c) Suffered an accident or disaster, natural calamity, and after 02 years from the end of the disaster, natural calamity, there is still no truthful news about that person being alive, except as otherwise provided by law;
d) Disappeared for 05 consecutive years or more and there is no truthful news about that person being alive; this period is counted as prescribed in Clause 1 of Article 68 of this Code.
2. Based on the cases specified in Clause 1 of this Article, the court determines the date of death of the person declared dead.
3. The court's decision to declare a person dead must be sent to the Commune People's Committee where the person declared dead resided for registration according to civil status law.
The court uses the following cases to determine the date of death of the person declared dead:
- After 03 years from the effective date of the court's decision to declare a person missing, there is no truthful news about that person being alive;
- Disappeared during a war for 05 years from the end of the war, and there is no truthful news about that person being alive;
- Suffered an accident or disaster, natural calamity, and after 02 years from the end of the disaster, natural calamity, there is still no truthful news about that person being alive, except as otherwise provided by law;
- Disappeared for 05 consecutive years or more and there is no truthful news about that person being alive; this period is counted as prescribed in Clause 1 of Article 68 of the Civil Code 2015.
In such cases, the time of opening the inheritance for a person declared dead by the court is the date of death determined by the court in accordance with the above cases.
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