Who is in the first level of heirs? What is the responsibility of performance of property obligations left by deceased for the first level of heirs in Vietnam?
What is the level of heirs? How many levels of heirs are there according to the law?
Pursuant to Article 649 of the 2015 Civil Code of Vietnam on inheritance at law as follows:
Inheritance at law
Inheritance at law means inheritance in accordance with the order of priority of inheritance and the conditions and procedures of inheritance provided by law.
Understandably, the inheritance in accordance with the order of priority of inheritance is the order of the recipients of the property in case the property is divided and inherited according to the law. Specifically in the cases in Article 650 of the 2015 Civil Code of Vietnam as follows:
Cases of inheritance at law
1. Inheritance at law shall apply in the following cases:
a) There is no will;
b) The will is unlawful;
c) All heirs under the will died prior to or at the same time as the testator dying, or the bodies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;
d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.
2. Inheritance at law shall also apply to the following parts of an estate:
a) Parts of an estate in respect of which no disposition has been made in the will;
b) Parts of an estate related to an ineffective part of the will;
c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.
Pursuant to the contents of Article 651 of the 2015 Civil Code of Vietnam, heirs at law are categorized in the following order of priority:
- The first level of heirs;
- The second level of heirs;
- The third level of heirs.
Thus, people belonging to the same level of heirs will receive an equal share of the inheritance.
Who is in the first level of heirs? What is the responsibility of performance of property obligations left by deceased for the first level of heirs in Vietnam?
Who is in the first level of heirs in Vietnam?
Pursuant to the provisions of Article 651 of the 2015 Civil Code of Vietnam as follows:
Heirs at law
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.
2. Heirs at the same level shall be entitled to equal shares of the estate.
3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.
Thus, according to the above regulations, the first level of heirs comprises:
- Spouses;
- Biological parents;
- Adoptive parents;
- Offspring;
- Adopted children.
In particular, the above subjects shall be entitled to equal shares of the estate.
In case the deceased has no relatives in the first level of heirs mentioned above, the estate will be transferred to the second level of heirs.
What is the responsibility of performance of property obligations left by deceased for the first level of heirs?
In case persons in the first level of heirs receive the inheritance, the responsibility to perform the property obligations left by deceased in Vietnam shall comply with the contents specified in Article 615 of the 2015 Civil Code of Vietnam as follows:
Performance of property obligations left by deceased in Vietnam
1. A person entitled to an inheritance has the responsibility to perform the property obligations within the scope of the estate left by the deceased, unless otherwise agreed.
2. Where an estate has not yet been divided, the property obligations left by the deceased shall be performed by the administrator of the estate as agreed by the heirs.
3. Where an estate has already been divided, each heir shall perform those property obligations left by the deceased corresponding to, but not exceeding, that part of the estate that the heir has inherited, unless otherwise agreed.
4. Where the heir inheriting an estate under a will is not a natural person, it must perform the property obligations left by the deceased in like manner as a natural person.
Thus, the performance of property obligations left by deceased shall comply with the above provisions.
Specifically:
- Where an estate has not yet been divided:
The property obligations left by the deceased shall be performed by the administrator of the estate as agreed by the heirs.
- Where an estate has already been divided:
Each heir shall perform those property obligations left by the deceased corresponding to, but not exceeding, that part of the estate that the heir has inherited, unless otherwise agreed.
LawNet
