What are regulations on inheritance in case parents die without leaving a will for their children in Vietnam? What are judgments related to this issue?

What are regulations on inheritance in case parents die without leaving a will for their children in Vietnam?

In the event that parents pass away without leaving a will, their estate will be distributed according to the law.

According to Article 651 of the Civil Code of Vietnam 2015, heirs by law are determined in the following order:

- First order of heirs includes: the spouse, biological parents, adoptive parents, biological children, adoptive children of the deceased;

- Second order of heirs includes: paternal grandparents, maternal grandparents, siblings of the deceased; the deceased’s nieces or nephews whose parent is the deceased’s child;

- Third order of heirs includes: great-grandparents of the deceased; uncles, aunts, blood-related cousins of the deceased; great-nieces or great-nephews of the deceased whose parent is the deceased’s niece or nephew.

The method of distributing inheritance according to the law is specified in Article 660 of the Civil Code of Vietnam 2015 as follows:

- When distributing the inheritance, if there is an heir of the same order who has been conceived but not yet born, a share equivalent to that received by the other heirs must be reserved. If this heir is born alive, they will receive this share; if they die before birth, the other heirs will inherit.

- Heirs have the right to request the division of the estate in kind; if the estate cannot be evenly divided in kind, the heirs can negotiate the assessment of the assets and agree on who will receive them. If an agreement cannot be reached, the assets shall be sold for division.

Thus, when parents die without leaving a will, the estate will be divided based on the principle of the order of inheritance, with equal sharing within the same order, and subsequent orders are not entitled to inherit if there are still heirs in the preceding order.

What are judgments related to inheritance disputes without a will in Vietnam?

Below is a collection of judgments on inheritance disputes without a will, adjudicated by courts in Vietnam:

Please Login to be able to download