Refusal to Accept Inheritance: Is Notarization Mandatory?
Is notarizing the refusal to accept inheritance mandatory? What documents are required to notarize the refusal to accept inheritance?
Question:
My parents left some inheritance for my siblings and me. Since my financial condition is relatively better than my sibling's, I decided to refuse the inheritance so that my sibling can receive all of it. Do I have to notarize the document refusing to accept the inheritance?Response:
Hello,To refuse an inheritance, according to Vietnamese law, the refusal must be documented. You are advised to notarize the refusal document to ensure its legality and to avoid any future disputes.Required Documents for Notarization:
When notarizing the document refusing an inheritance, you will need to present the following documents:- Personal Identification Papers: Such as your ID card or passport.
- Proof of Relationship: Documents proving your relationship with the deceased.
- Inheritance Documentation: Presents relevant documents that describe the inheritance left by the deceased.
- Refusal Document: The written document where you formally refuse the inheritance.
Is it required to notarize the refusal to accept inheritance?
Pursuant to Article 620 of the 2015 Civil Code, the regulations on refusing to accept inheritance are as follows:
An heir has the right to refuse to accept the inheritance, except in cases where the refusal is intended to evade the performance of their property obligations to others.
The refusal to accept the inheritance must be documented in writing and sent to the estate manager, other heirs, and the person assigned to distribute the estate to be informed.
The refusal to accept the inheritance must be made before the time of distributing the estate.
As such, according to the above regulations, the law does not mandate notarization of the written refusal to accept inheritance. Therefore, you are not required to perform this act.
What documents are required for notarizing the refusal to accept inheritance?
Pursuant to Article 59 of the 2014 Notarization Law, the regulations on notarizing the written refusal to accept inheritance are as follows:
An heir may request notarization of the written refusal to accept inheritance. When requesting notarization of the written refusal to accept inheritance, the requestor must present a copy of the will in the case of inheritance by will or documents proving the relationship between the deceased and the requestor according to inheritance law; a death certificate or other documents proving that the deceased has died.
Depending on each specific case, when notarizing the written refusal to accept inheritance, you will have to present different documents as stipulated above.
Sincerely!
