Vietnam: Latest sample letter of refusal to receive the inheritance in 2022? When to refuse to receive inheritance?
Sample letter of refusal to receive inheritance in 2022 according to Vietnamese regulations?
Download a sample letter of refusal to receive inheritance: Here.
Instructions on how to edit
- (1) Section “Tại”: This is the address where the document of refusal to receive the inheritance is made. It can be at the requester's own house, or it can be at the office of the Notary Public's office
- (2) The section “chúng tôi gồm”: In this section if the person who refuses to receive the inheritance is a person, only write “tôi là…” with name, year of birth, ID number or passport or citizen identification with date and issuing agency, permanent residence...
If there are two or more people denying the inheritance, write “chúng tôi gồm…” clearly stating their full name, address, phone number…
- (3) The section “Là…” records the relationship between the person who refuses to receive the inheritance and the person who leaves the inheritance.
- (4) Enter the information of the person leaving the inheritance. According to the death certificate, the extract of the death declaration to declare the date of death of the person leaving the estate, the date of issuance of the above documents...
- (5) This section lists the full amount of property that the person who refuses to receive the inheritance is entitled to. Assets must be those with ownership papers and registered ownership rights such as cars, motorbikes, savings books, land use rights and houses...
It is advisable to write full information such as on the vehicle registration certificate, savings book, land use right certificate ... to determine exactly which property it is.
Vietnam: Latest sample letter of refusal to receive the inheritance in 2022? When to refuse to receive inheritance?
When to refuse to receive inheritance according to Vietnamese regulations?
Rejecting property is a right as defined in Article 620 of the 2015 Civil Code of Vietnam:
- An heir may disclaim an inheritance, unless such disclaimer is for the purpose of avoiding the performance of its property obligations to other persons.
- A disclaimer of an inheritance must be made in writing. A person disclaiming must notify the other heirs and the person authorized to distribute the estate.
- The disclaimer of an estate must be expressed before the time of inherit distribution.
Refusal to receive an inheritance means that an individual who, after being appointed as an heir, does not want to inherit that part of the estate, has the right to refuse to accept it. Accordingly, for any reason, the inheritor has the right to refuse, except for the 03 notices mentioned above.
Accordingly, the people who are entitled to refuse to receive the inheritance include those who receive the inheritance according to the will and the legal heirs specified in Article 651 of the 2015 Civil Code of Vietnam:
“Article 651. 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.”
Who are not entitled to inheritance according to Vietnamese regulations?
Pursuant Article 621 of the 2015 Civil Code of Vietnam stipulates that the subjects not entitled to inheritance include:
“Article 621. Persons not entitled to inherit
1. The following persons are not entitled to inherit:
a) 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;
b) Persons having seriously breached their duty to support the deceased;
c) 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;
d) 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.
2. Persons provided in Clause 1 of this Article may, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will.”
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