The inheritance according to the law in Vietnam today? Inheritance cases apply inheritance according to law?
Inheritance goods according to the law in Vietnam are regulated like?
The inheritance row is a regulation to determine the order of inheritance distribution of the heirs according to the law, the inheritance row includes the first line of inheritance, the second line of inheritance and the third line of inheritance. Conditions and order of inheritance are prescribed by law.
Pursuant to Article 651 of the 2015 Civil Code provides for the following inheritance lines:
- The first line of inheritance includes: wife, husband, biological father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
- The second line of inheritance includes: grandfather, paternal grandmother, maternal grandfather, grandmother, biological brother, sister, biological 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 grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandson of the deceased, but the deceased is a paternal great-grandfather.
- Heirs of the same line shall enjoy an equal share of the estate.
- The people in the following line of heirs are only entitled to inherit, if there is no one in the previous line of heirs because they have died, have no right to inherit, are disqualified from inheriting or refuse to receive the estate.
The inheritance according to the law in Vietnam today? Inheritance cases apply inheritance according to law? (Picture from the internet)
Inheritance cases apply inheritance according to the law in Vietnam?
Pursuant to Article 650 of the 2015 Civil Code, the cases of inheritance according to the law in Vietnam are as follows:
"Article 650. Cases of inheritance according to law
1. Inheritance at law shall apply in the following cases:
a) There is no will;
b) The will is not legal;
c) The testamentary heirs die before or at the same time as the testator; the agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance;
d) Persons designated as heirs under the will who do not have the right to inherit or refuse to receive the estate.
2. Inheritance at law also applies to the following parts of the estate:
a) The part of the estate that is not determined in the will;
b) The part of the estate related to the part of the will has no legal effect;
c) The part of the estate related to the heir under the will but they do not have the right to inherit the estate, refuse to receive the estate, die before or at the same time as the testator; related to the agency or organization that is entitled to the estate under the will, but no longer exists at the time of opening the inheritance."
Accordingly, inheritance according to the law in Vietnam will be applied to divide inheritance in the above cases.
The process of inheritance division according to current law?
Dividing inheritance by line of inheritance according to the law in Vietnam
According to Article 651 of the 2015 Civil Code, the property, rights and obligations of the deceased will be divided as follows:
- Heirs of the same line shall enjoy an equal share of the estate.
- The people in the following line of heirs are only entitled to inherit, if there is no one in the previous line of heirs because they have died, have no right to inherit, are disqualified from inheriting or refuse to receive the estate.
- 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 his or her father or mother would enjoy if he was 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 have enjoyed if he was still alive.
Division of inheritance between adopted children and their adoptive parents and natural fathers and mothers; stepchild and stepfather, stepmother
- Adopted children and adoptive fathers and adoptive mothers may inherit each other's estates and belong to the first line of heirs according to the provisions of Article 651 of the Civil Code 2015;
Inheritance between an adopted child and an adoptive father or mother is also entitled to the provisions on inheritance under Article 652 of the Civil Code 2015.
- Stepchildren and stepfather, stepmother, if they have a caring and nurturing relationship like father and son, they may inherit each other's estates and belong to the first line of heirs according to the provisions of Article 651 of the Civil Code. 2015; regulations on inheritance of position under Article 652 of the Civil Code 2015.
Division of inheritance in case husband and wife have divided common property; spouse is applying for divorce or is married to another person
Pursuant to Article 655 of the 2015 Civil Code stipulating the division of inheritance in cases where husband and wife have divided common property; Husband or wife is applying for divorce or is married to another person as follows:
"Article 655. Inheritance in cases where husband and wife have divided common property; husband and wife are applying for divorce or have married another person
1. In case a husband and wife have divided the common property while the marriage still exists and then one of them dies, the surviving person will still inherit the estate.
2. In case a husband or wife applies for a divorce but has not been granted a divorce or has been granted a divorce by a court judgment or decision that has not yet taken effect, if one of them dies, the surviving person will still inherit the estate.
3. A person who is a wife or husband of a person at the time of his/her death, even if he later marries another person, he/she still inherits the estate."
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