Did children kill their father to inherit in Vietnam?

A child is the natural object entitled to inherit in accordance with the law under the first line of inheritance. So if a child killed his/her father, would this birthright still be considered ‘natural’ in Vietnam?

Did children kill their father to inherit in Vietnam? (illustration)

1. What is hereditary heritage in Vietnam?

Inheritance is the property of the deceased that is left to the living. All property owned by the heirs in accordance with the law is an estate.

Inherited heritage includes: private property of the deceased; the part of the deceased's property in the common property with other people as prescribed in Article 612 of the Civil Code 2015

Thus, the inheritance is the entire property under the legal ownership of the deceased in Vietnam.

According to the provisions of Article 105 The Civil Code 2015, assets may be objects, money, valuable papers, property rights, movable and immovable property. If the inheritance is a jointly owned property, the determination of the common property of the person leaving the inheritance may be based on pre-existing agreements or on documents issued by competent agencies.

2. Which subjects are entitled to inheritance according to law in Vietnam?

In Article 651 the Civil Code 2015, the heirs at law under the first line of inheritance include: spouse, natural father, natural mother, adoptive father, adoptive mother, natural child, adopted child of the deceased.

Thus, the child of the deceased is the subject of inheritance rights under the first line of inheritance.

3. If the heirs are not entitled to the estate in Vietnam

According to the provisions of Article 621 the Civil Code 2015, the following cases are not entitled to inherit:

First, 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;

Second is the case where a person seriously violates the obligation to support the person who has left the estate in Vietnam.

Third, the case where the person convicted of intentional acts infringes upon the life of another heir in order to enjoy part or all of the estate to which such heir is entitled.

Fourth, 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.

In the situation where the child kills the father, the first case is the intentional violation of the life of the person who left the inheritance in Vietnam.

In fact, this is the case where they have seriously violated their obligations, have unlawful acts, contrary to social morality, contrary to the customs of Vietnam and may cause indignation in social public opinion.

In this case, if there is an effective judgment of the court that there is an act of the person leaving the estate that there is intentional killing of the person leaving the estate, intentional infliction of injury or harm to the health of the person leaving the estate, serious mistreatment or torture of the person leaving the estate physically and mentally; seriously violating the honor and dignity of the person leaving the estate expressed in the act of humiliating, humiliating, fabricating or propagating things that are clearly known to be fabricated in order to offend the honor of the person leaving the estate, we do not need to consider whether the purpose of such violation is to enjoy the estate or not but still deprive the right to enjoy the estate in Vietnam.

However, such person is only not entitled to inherit if such act affects the person who left the estate. Thus, for this case, even if the child of the deceased - the subject of the first line of inheritance, he/she is still not entitled to inherit property because he/she has violated the case specified in Article 621 the Civil Code 2015.

0 lượt xem
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;