Vietnam: If an heir has been conceived but not yet born, is he/she entitled to inheritance according to law?
- If an heir has been conceived but not yet born, is he/she entitled to inheritance according to law?
- Do heirs at law have the right to demand the estate to be distributed in kind?
- Who is not entitled to inheritance in Vietnam?
- How long is the prescriptive period with respect to a claim of an heir for distribution of an estate?
If an heir has been conceived but not yet born, is he/she entitled to inheritance according to law?
Pursuant to the provisions of Clause 1, Article 660 of the 2015 Civil Code of Vietnam as follows:
Distribution of estates in accordance with law
1. If, at the time of distribution, an heir has been conceived but not yet born, a part of the estate equal to the share of another heir at the same level of heirs shall be set aside for the unborn heir. If the heir is born alive, he or she shall inherit such part of the estate. If the heir does not survive his or her birth, the other heirs at the same level of heirs shall be entitled to his or her share.
According to the above provisions, at the time of distribution, an heir has been conceived but not yet born, a part of the estate equal to the share of another heir at the same level of heirs shall be set aside for the unborn heir.
If the heir is born alive, he or she shall inherit such part of the estate.
If the heir does not survive his or her birth, the other heirs at the same level of heirs shall be entitled to his or her share.
Vietnam: If an heir has been conceived but not yet born, is he/she entitled to inheritance according to law?
Do heirs at law have the right to demand the estate to be distributed in kind?
Pursuant to the provisions of Clause 2, Article 660 of the 2015 Civil Code of Vietnam as follows:
Distribution of estates in accordance with law
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2. The heirs have the right to demand the estate to be distributed in kind. If the estate is not able to be equally distributed in kind, the heirs may agree that the property shall be valued and may agree on which heirs shall be entitled to receive which particular items of property. Failing such agreement, the assets in kind shall be sold for distribution.
According to the above provisions, the heirs have the right to demand the estate to be distributed in kind.
However, if the estate is not able to be equally distributed in kind, the heirs may agree that the property shall be valued and may agree on which heirs shall be entitled to receive which particular items of property.
Failing such agreement, the assets in kind shall be sold for distribution.
Who is not entitled to inheritance in Vietnam?
Pursuant to the provisions of Article 621 of the 2015 Civil Code of Vietnam, those who are not entitled to inheritance include:
- 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;
- Persons having seriously breached their duty to support the deceased;
- 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;
- 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.
Note: Persons may, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will.
How long is the prescriptive period with respect to a claim of an heir for distribution of an estate?
Pursuant to the provisions of Article 623 of the 2015 Civil Code of Vietnam as follows:
Prescriptive periods with respect to inheritance in Vietnam
1. The prescriptive periods with respect to a claim of an heir for distribution of an estate shall be thirty years regarding immovable property or ten years regarding movable property from the time of commencement of the inheritance. Upon the expiry date of the aforesaid period, the estate shall belong to the estate administrator. In case where there is no estate administrator, the estate shall be dealt with as follows:
a) It shall belong to the person possessing it as prescribed in Article 236 of this Code;
b) It shall belong the State if there is no possessor prescribed in Point a of this Clause.
2. The prescriptive period with respect to a claim of an heir for a declaration of right of inheritance of the requester or to disallow the claim to inheritance of another shall be ten years from the time of commencement of the inheritance.
3. The prescriptive period with respect to a claim for an heir to fulfill property obligations of the deceased shall be three years from the time of commencement of the inheritance.
According to the above regulations, the prescriptive period with respect to a claim of an heir for distribution of an estate shall be thirty years regarding immovable property or ten years regarding movable property from the time of commencement of the inheritance.
Note: Upon the expiry date of the aforesaid period, the estate shall belong to the estate administrator.
In case where there is no estate administrator, the estate shall be dealt with as follows:
- It shall belong to the person possessing it as prescribed in Article 236 of the 2015 Civil Code of Vietnam:
A person unlawfully but in good faith possessing, or deriving benefits from, property continuously and in an overt manner for ten (10) years with respect to moveable property, and for thirty (30) years with respect to immoveable property, shall become the owner of such property from the moment of commencement of possession, unless otherwise prescribed by this Code and relevant laws.
- It shall belong the State if there is no possessor prescribed in Point a Clause 1 Article 623 of the 2015 Civil Code of Vietnam.
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