Are biological parents of husband or wife heirs at law in Vietnam?

Are biological parents of husband or wife heirs at law in Vietnam?

Pursuant to Article 651 of the Civil Code in 2015 stipulating heirs at law as follows:

1. Heirs at law are categorized in the following order of priority:

a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

As regulations above, in case both paternal grandparents and maternal grandparents are alive, only paternal grandparent are eligible to inherit property left by your father.

In Vietnam: When a child dies before the testator, will the grandchild be entitled to inherit when the testator dies?

Pursuant to Article 652 of the Civil Code in 2015 stipulating succeeding heirs as follows:

Where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.

As regulations above, when a child dies before the testator, the grandchild of the testator will be entitled to inherit that part of the estate when the testator dies.

What are regulations on estates used for worship purposes in Vietnam?

Pursuant to Article 645 of the Civil Code in 2015 stipulating estates used for worship purposes in Vietnam as follows:

1. Where a testator designates part of his or her estate for worship purposes, such part of the estate shall not be distributed among the heirs and shall be delivered to the person appointed in the will to manage for worship purposes. If such appointee fails to implement strictly the will or the agreement of the heirs, the heirs have the right to appoint another person to manage for worship purposes.

Where the testator fails to appoint a person to manage that part of his or her estate which is designated for worship purposes, the heirs shall appoint a person to manage such part of the estate.

Where all heirs under a will have died, that part of the estate which is designated for worship purposes shall belong to the person managing that part of the estate for worship purposes provided that he or she is an heir at law.

2. Where the entire estate of the deceased is insufficient to satisfy all property obligations of the deceased, no part of the estate may be designated for worship purposes.

Above are regulations on estates used for worship purposes in Vietnam.

What are regulations on distributors of estates in Vietnam?

Pursuant to Article 657 of the Civil Code in 2015 stipulating distributors of estates in Vietnam as follows:

1. A distributor of an estate may also be the administrator of the estate appointed in the will or by agreement of the heirs.

2. A distributor of an estate must distribute it strictly in accordance with the will or the agreement of the heirs at law.

3. A distributor of the estate may receive remuneration if so allowed by the testator in the will or if so agreed by the heirs.

Above are regulations on distributors of estates in Vietnam.

Best regards!