Is it possible to cancel the written disclaimer of an estate left by the natural father in Vietnam?
- Is it possible to cancel the written disclaimer of an estate left by the natural father in Vietnam?
- Is it possible to notarize the written disclaimer of an estate in the province other than the province where there is the estate of inheritance in Vietnam?
- Who is not eligible for inheritance in Vietnam?
Is it possible to cancel the written disclaimer of an estate left by the natural father in Vietnam?
According to the provisions of Article 620 of the Civil Code 2015 as follows:
Disclaimer of inheritance
1. An heir may disclaim an inheritance, unless such disclaimer is for the purpose of avoiding the performance of its property obligations to other persons.
2. A disclaimer of an inheritance must be made in writing. A person disclaiming must notify the other heirs and the person authorized to distribute the estate.
3. The disclaimer of an estate must be expressed before the time of inherit distribution
Accordingly, the disclaimer of an inheritance must be made in writing, but it is not required to be notarized or authenticated. In case people need to certify or notarize, it shall follow Article 59 of the Law on notarization 2014 as follows:
" Notarization of written disclaimers of estate
Heirs may request notarization of written disclaimers of estate. When making such a request, the notarization requester shall produce a copy of the testament in case of testamentary inheritance or papers proving his/her relationship with the estate leaver in accordance with the law on inheritance; and the death certificate or another paper proving the estate leaver’s death.
Currently, comparing the Civil Code 2015, Decree 23/2015/ND-CP and other relevant documents does not provide for canceling the written disclaimer of an estate.
Therefore, in case the estate has not been divided, heirs can make a written request to cancel the certified written disclaimer of an estate and re-express his or her wishes. In case the estate has been divided, heirs can request to cancel the written disclaimer of the estate.
Is it possible to notarize the written disclaimer of an estate in the province other than the province where there is the estate of inheritance in Vietnam?
Pursuant to Clause 2, Clause 5, Article 5 of Decree 23/2015/ND-CP stipulating:
"Article 5. Authorities and responsibilities for authentication
...
2. People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:
a) Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;
b) Authenticate signatures on papers and documents except signatures of translators;
c) Authenticate contracts concerning properties as movables;
b) Authenticate contracts concerning land use right according to the Law on Land;
dd) Authenticate contracts concerning houses according to the Law on Housing;
e) Authenticate testaments;
g) Authenticate written refusal of heritage;
h) Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;
Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals;
...
5. Certification of true copies from originals, authentication of signatures, contracts concerning properties as movables, authentication of testament as defined in this Article shall not be dependent on residency of requesters for authentication."
At the same time, according to Article 42 of the Law on Notarization 2014 as follows:
"Scope of notarization of real estate contracts or transactions
Notaries of a notarial practice organization may only notarize contracts and transactions related to real estate within the province or centrally run city where the organization is located, excluding testaments or written disclaimers of real estate and letters of authorization related to the exercise of real estate-related rights."
Thus, according to the above provisions, a written disclaimer of an estate is not required to be notarized at a notary office within the province or centrally-run city where the real estate is located.
Who is not eligible for inheritance in Vietnam?
Pursuant to Article 621 of the Civil Code 2015 stipulating:
"Persons not entitled to inherit
1. The following persons are not entitled to inherit:
a) Persons convicted of having intentionally caused the death of or harmed the health of the deceased, of having seriously mistreated or tortured the deceased, or of having harmed the honor or dignity of the deceased;
b) Persons having seriously breached their duty to support the deceased;
c) Persons convicted of having intentionally caused the death of another heir in order to obtain all or part of the entitlement of such other heir to the estate;
d) Persons deceiving, coercing or obstructing the deceased with respect to the making of the will, or forging, altering or destroying the will in order to obtain all or part of the estate contrary to the wishes of the deceased.
2. Persons provided in Clause 1 of this Article may, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will."
Accordingly, when falling into one of the above cases, it shall be eligible for inheritance in Vietnam. In case the person who left the estate already detects the act of those people, she/he still gives them the estate under the will, they are eligible for inheritance under the will.
LawNet
