What is an heir? How should the inheritors fulfill the property obligations left by the deceased?
What is an Heir?
Based on Article 613 of the Civil Code 2015, it is stipulated as follows:
Heir
An heir is an individual who is alive at the time of the opening of the inheritance or born alive after the opening of the inheritance but conceived before the person leaving the estate died. In the case of a testamentary heir who is not an individual, they must exist at the time the inheritance is opened.
Thus, an heir can be an individual, and there are cases where the heir is not an individual.
For the case where the heir is not an individual, the inheritance can only be received according to the will. The condition for this entity to be considered an heir is that they must exist at the time the inheritance is opened.
In the case where the heir is an individual, they must be alive at the time of the opening of the inheritance or be born alive after the opening of the inheritance but conceived before the person leaving the estate died.
What is an Heir? How should beneficiaries perform asset obligations left by the deceased?
How should beneficiaries perform asset obligations left by the deceased?
Based on the provisions of Article 615 of the Civil Code 2015, the asset obligations left by the deceased are stipulated as follows:
- Beneficiaries are responsible for performing asset obligations within the scope of the estate left by the deceased, unless there is a different agreement.
- In the case the estate has not been divided, the asset obligations left by the deceased are performed by the estate manager according to the agreement of the heirs within the scope of the estate left by the deceased.
- In the case the estate has been divided, each heir performs the asset obligations left by the deceased proportional to their received portion of the estate, unless there is a different agreement.
- In the case the heir is not an individual and receives the estate according to the will, they must also perform the asset obligations left by the deceased as an individual heir would.
What is the Time for Opening the Inheritance?
Based on Article 611 of the Civil Code 2015, it is stipulated as follows:
Time and Place for Opening Inheritance
1. The time for opening the inheritance is the time the person with assets dies. In the case the Court declares a person dead, the time for opening the inheritance is the date determined in Clause 2, Article 71 of this Code.
2. The place for opening the inheritance is the last place of residence of the person leaving the estate; if the last place of residence cannot be determined, the place for opening the inheritance is the place where the entire estate or the majority of the estate is located.
According to the above provisions, the time for opening the inheritance is stipulated as follows:
- The time for opening the inheritance is the time the person with assets dies.
- In the case the Court declares a person dead, the time for opening the inheritance is the date determined in Clause 2, Article 71 of the Civil Code 2015.
Referring to Article 71 of the Civil Code 2015, it is stipulated as follows:
Declaration of Death
1. Persons with related rights or 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 declaring the person is missing, and no reliable news of the person being alive;
b) Missing during wartime, and 05 years have passed since the end of the war with no reliable news of the person being alive;
c) Suffering an accident or disaster, calamity, and 02 years have passed since the end of the accident, disaster, calamity with no reliable news of the person being alive, unless otherwise provided by law;
d) Missing for 05 consecutive years or more with no reliable news of the person being alive; this period is calculated according to Clause 1, Article 68 of this Code.
2. Based on the cases stipulated in Clause 1 of this Article, the Court determines the date of death of the person declared dead.
3. The Court's decision declaring a person dead must be sent to the People's Committee of the commune where the person declared dead resided for statistical purposes as prescribed by law on civil status.
The Court bases its determination of the date of death of the person declared dead on the following scenarios:
- After 03 years from the effective date of the Court's decision declaring the person is missing, and no reliable news of the person being alive;
- Missing during wartime, and 05 years have passed since the end of the war with no reliable news of the person being alive;
- Suffering an accident or disaster, calamity, and 02 years have passed since the end of the accident, disaster, calamity with no reliable news of the person being alive, unless otherwise provided by law;
- Missing for 05 consecutive years or more with no reliable news of the person being alive; this period is calculated according to Clause 1, Article 68 of the Civil Code 2015.
In such cases, the time for opening the inheritance in which the Court declares a person dead is the date of death of the person declared dead, as determined by the Court based on the situations mentioned above.
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