What contents are included in the template of the application for disclaimer of inheritance of land in 2024 in Vietnam? Is the document for disclaimer of inheritance of land in Vietnam required to be notarized?
What contents are included in the template of the application for disclaimer of inheritance of land in 2024 in Vietnam? Is the document for disclaimer of inheritance of land in Vietnam required to be notarized? - Ms. Ha (Lam Dong)
What contents are included in the template of the application for disclaimer of inheritance of land in 2024 in Vietnam?
You can refer to the below template of the application for disclaimer of inheritance of land in 2024.
Please see the details and download the template here.
What contents are included in the template of the application for disclaimer of inheritance of land in 2024 in Vietnam? Is the document for disclaimer of inheritance of land in Vietnam required to be notarized? - image from internet
Is the document for disclaimer of inheritance of land in Vietnam required to be notarized?
Pursuant to Article 620 of the Civil Code in 2015 stipulating disclaimer of inheritance:
Disclaimer of inheritance
1. An heir may disclaim an inheritance, unless such disclaimer is for the purpose of avoiding the performance of its property obligations to other persons.
2. 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.
3. The disclaimer of an estate must be expressed before the time of inherit distribution.
Pursuant to Article 59 of the Law on Notarization in 2014 stipulating notarization of written disclaimers of estate:
Notarization of written disclaimers of estate
Heirs may request notarization of written disclaimers of estate. When making such a request, the notarization requester shall produce a copy of the testament in case of testamentary inheritance or papers proving his/her relationship with the estate leaver in accordance with the law on inheritance; and the death certificate or another paper proving the estate leaver’s death.
As regulated above, if an individual wishes to disclaim inheritance, he/she must make a disclaimer of an inheritance in writing. However, it is not necessary to request notarization of written disclaimers of inheritance.
Heirs may request notarization of written disclaimers of estate. When making such a request, the notarization requester shall produce a copy of the testament in case of testamentary inheritance or papers proving his/her relationship with the estate leaver in accordance with the law on inheritance; and the death certificate or another paper proving the estate leaver’s death.
Who are not entitled to inherit according to the law in Vietnam?
Pursuant to Clause 1 Article 621 of the Civil Code in 2015 stipulating persons not entitled to inherit:
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.
As regulated above, the following persons are not entitled to inherit:
- 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;
- Persons having seriously breached their duty to support the deceased;
- 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;
- 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.
Best regards!
