08/10/2024 08:28

If a deceased person in Vietnam leaves no will, who are eligible to inherit the estate? What are judgments related to this case?

If a deceased person in Vietnam leaves no will, who are eligible to inherit the estate? What are judgments related to this case?

In Vietnam, if there is no will, who are eligible to inherit the estate? Are there any judgments in Vietnam regarding disputes in the division of inheritance?

If a deceased person in Vietnam leaves no will, who are eligible to inherit the estate?

Based on Clause 1, Article 650 of the Vietnam Civil Code 2015, the cases of inheritance according to the law are stipulated as follows:

Cases of inheritance according to law

1. Inheritance according to law applies in the following cases:

a) There is no will;

b) The will is not legally valid;

c) The heirs designated in the will die before or at the same time as the testator; the agencies or organizations entitled to inheritance under the will no longer exist at the time of inheritance;

d) The persons designated as heirs under the will are not eligible to enjoy the estate or renounce their rights to inherit.

...

Article 622 of the Vietnam Civil Code 2015 also regulates the situation of unclaimed assets as follows:

In case there are no heirs under the will, according to the law, or there are but they are not eligible to enjoy the estate, refuse to receive the estate, then the remaining assets after fulfilling the property obligations without an heir shall belong to the State.

In the case where a person dies without leaving a will, the estate shall be distributed according to the law, meaning inheritance by order of succession, conditions, and sequence of inheritance as prescribed by law.

If a person dies without leaving a will and there are no heirs, the estate, after fulfilling property obligations with no heir to claim, shall belong to the State.

Compilation of judgments on disputes over the division of inheritance in Vietnam

Below are some judgments concerning disputes over the division of inheritance:

No. Judgment Name Date of Issuance Adjudicating Body
1 Judgment on asset inheritance dispute, request to cancel land use right certificate No. 10/2024/DS-ST April 10, 2024 People's Court of Hai Duong province
2 Judgment on land use rights inheritance dispute No. 104/2024/DS-PT April 25, 2024 People's Court of Soc Trang province
3 Judgment on common property division, land use rights inheritance, and request for determination of land use rights for judgment enforcement No. 231/2024/DS-PT April 19, 2024 People's Court of Tien Giang province
4 Judgment on the division of land use rights inheritance No. 161/2024/DS-PT April 10, 2024 People's Court of Ca Mau province
5 Judgment on land use rights inheritance dispute No. 68/2024/DS-PT April 10, 2024 People's Court of VL province
6 Judgment on demand for reclaiming property as land use rights and dispute over division of land use rights inheritance No. 78/2024/DS-PT April 10, 2024 People's Court of Da Nang city
7 Judgment on land use rights inheritance dispute No. 143/2024/DS-PT March 26, 2024 Higher People's Court in Ho Chi Minh City
8 Judgment on the dispute over inheritance of land use rights and assets attached to land No. 109/2024/DS-PT March 7, 2024 People's Court of L province
9 Judgment on dispute over division of land use rights inheritance and house attached to land No. 46/2024/DS-PT February 26, 2024 People's Court of Bac Lieu province
10 Judgment on land use rights dispute and inheritance division No. 49/2024/DS-PT February 19, 2024 People's Court of Dong Thap province
11 Judgment on inheritance dispute No. 05/2022/DS-ST January 17, 2022 People's Court of O Mon District, Can Tho city
12 Judgment on inheritance dispute division No. 01/2024/DS-ST January 11, 2024 People's Court of Hoa Vang District, Da Nang city
13 Judgment on inheritance dispute division No. 58/2022/DS-ST July 20, 2022 People's Court of Hon Dat District, Kien Giang province
14 Judgment on inheritance dispute division by will and by law No. 10/2024/DS-ST January 10, 2024 People's Court of Thanh Khe District, Da Nang city
15 Judgment on asset inheritance dispute No. 68/2022/DS-ST August 15, 2022 People's Court of Hoa Thanh District-level Town, Tay Ninh province
16 Judgment on inheritance dispute No. 119/2023/DS-ST November 8, 2023 People's Court of Chau Thanh District, Hau Giang province
17 Judgment on inheritance dispute division No. 76/2022/DS-ST June 27, 2022 People's Court of Buon Ma Thuot City, Dak Lak province
18 Judgment on inheritance dispute division No. 136/2023/DS-ST October 24, 2023 People's Court of Tan Phu Dong District, Tien Giang province
19 Judgment on inheritance dispute division and will cancellation No. 90/2022/DS-ST June 6, 2022 People's Court of An Nhon District-level Town, Binh Dinh province
20 Judgment on inheritance dispute division No. 31/2023/DS-ST September 29, 2023 People's Court of Binh Long District-level Town, Binh Phuoc province
21 Judgment on inheritance dispute No. 09/2022/DS-ST September 22, 2022 People's Court of Quynh Phu District, Thai Binh province
22 Judgment on inheritance dispute division No. 461/2023/DS-ST September 28, 2023 People's Court of Cho Gao District, Tien Giang province
23 Judgment on inheritance dispute No. 26/2023/DS-ST September 27, 2023 People's Court of Quynh Phu District, Thai Binh province
24 Judgment on inheritance division dispute No. 06/2022/DS-ST September 23, 2022 People's Court of Binh Giang District, Hai Duong province
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