Can an Adopted Child Inherit by Representation?

My older brother adopted a child in 2012. By 2017, both my brother and my father passed away in a traffic accident. Does the adopted child have the right to inherit my brother's portion of the estate? The assets my father left include a house valued at approximately 3.5 billion VND.

According to Article 24 of the Law on Adoption 2010, from the date of handover and adoption, adoptive parents and adopted children have all the rights and obligations of parents and children; between adopted children and other members of the adoptive family, there are also rights and obligations towards each other as prescribed by the law on marriage and family, civil law, and other relevant legal regulations.

Article 651 of the Civil Code 2015 provides regulations on legal inheritors, according to which: The first class of heirs includes: spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adoptive children of the deceased.

At the same time, substitution inheritance according to Article 652 of this Code is applied in cases where a child of the person leaving the estate dies before or at the same time as the person leaving the estate, then the grandchild is entitled to the portion of the estate that their father or mother would have received if alive. If the grandchild also dies before or at the same time as the person leaving the estate, then the great-grandchild is entitled to the portion of the estate that their father or mother would have received if alive.

Thus, according to the above regulations, adoptive parents and adopted children have the right to inherit each other's estate, and adopted children will also be entitled to substitution inheritance for their father if he were still alive.

Sincerely!

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