Vietnam: If I marry a new husband after my ex-husband's death, will I still be entitled to inheritance? How to distribute estates in case a new heir appears?

Main Content

• Is the ex-wife the heir at law?
• If I marry a new husband after my ex-husband's death, will I still be entitled to inheritance?
• How to distribute estates in case a new heir appears?

Is the ex-wife the heir at law?

Article 651 of the 2015 Civil Code of Vietnam provides for heirs at law as follows:

Heirs at law in Vietnam

1. Heirs at law in Vietnam 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, heirs at law are categorized in the following three levels of heirs:

- The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

- The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

- 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.

Thus, according to the above provisions, the ex-wife is not in the three levels of heirs at law, so she will not be entitled to inheritance at law from the deceased ex-husband.

Vietnam: If I marry a new husband after my ex-husband's death, will I still be entitled to inheritance? How to distribute estates in case a new heir appears? (Image from the Internet)

If I marry a new husband after my ex-husband's death, will I still be entitled to inheritance?

In Article 655 of the 2015 Civil Code of Vietnam on inheritance where wives and husbands have divided multiple ownership property, have applied for divorce or have remarried as follows:

Inheritance where wives and husbands have divided multiple ownership property, have applied for divorce or have remarried

1. Where a wife and husband have divided their multiple ownership property while they are still married and one of them subsequently dies, the surviving spouse shall still be entitled to inherit the estate of the deceased.

2. Where a wife and husband have applied for but not yet obtained a legally effective divorce pursuant to a judgment or decision of a court, or they have obtained such a divorce but the judgment or decision of the court is not yet effective, and one of them dies, the surviving spouse shall, nevertheless, be entitled to inherit the estate of the deceased.

3. A person who is the wife or husband of the deceased at the time when his or her spouse dies shall be entitled to inherit the estate of the deceased even if that person subsequently remarries.

According to the above provisions, a person who is the wife or husband of the deceased at the time when his or her spouse dies shall be entitled to inherit the estate of the deceased even if that person subsequently remarries.

How to distribute estates in case a new heir appears?

Article 662 of the 2015 Civil Code of Vietnam provides for distribution of estates where new heir or where right of heir to inherit has been disallowed as follows:

Distribution of estates where new heir or where right of heir to inherit has been disallowed

1. Where a new heir appears after an estate has been distributed, the estate shall not be re-distributed in kind but the heirs which have received [a share of] the estate must pay the new heir a sum equivalent to the share of the estate of such [new heir] at the time of distribution of the estate in proportion to the [respective] share of the estate already received [by each heir], unless otherwise agreed.

2. Where the right of an heir to inherit is disallowed after an estate has been distributed, such heir must return the inheritance or pay to the other heirs a sum equivalent to the value of the inheritance received at the time of distribution of the estate, unless otherwise agreed.

Thus, where a new heir appears after an estate has been distributed (the case of pregnancy detection, the person with the right to inherit who is declared dead, declared missing returns), the estate shall not be re-distributed in kind but the heirs which have received [a share of] the estate must pay the new heir a sum equivalent to the share of the estate of such [new heir] at the time of distribution of the estate in proportion to the [respective] share of the estate already received [by each heir], unless otherwise agreed.