Can I disclaim an inheritance so as to avoid to pay the debt to the person leaving the will in Vietnam?

Can I disclaim an inheritance so as to avoid to pay the debt to the person leaving the will in Vietnam?

At Article 610 of the 2015 Civil Code stipulates equality of individuals with respect to rights of inheritance as follows:

All natural persons are equal with respect to rights to bequeath their property to others and to inherit estates under wills or in accordance with law.

According to Article 620 of the 2015 Civil Code stipulates disclaimer of inheritance as follows:

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.

Basics Article 615 of the 2015 Civil Code stipulates performance of property obligations left by deceased as follows:

1. A person entitled to an inheritance has the responsibility to perform the property obligations within the scope of the estate left by the deceased, unless otherwise agreed.

2. Where an estate has not yet been divided, the property obligations left by the deceased shall be performed by the administrator of the estate as agreed by the heirs.

3. Where an estate has already been divided, each heir shall perform those property obligations left by the deceased corresponding to, but not exceeding, that part of the estate that the heir has inherited, unless otherwise agreed.

4. Where the heir inheriting an estate under a will is not a natural person, it must perform the property obligations left by the deceased in like manner as a natural person.

Thus, according to the above regulations in Vietnam, the heir has the right to receive the inheritance according to the will or according to the law and can also refuse to receive the inheritance but cannot refuse to receive the inheritance to avoid the obligation to pay the debt. When receiving an inheritance, the heir must fulfill the property obligations within the scope of the inheritance left by the deceased (ie pay the debt).

If your father passes away and the will leaves you an inheritance, you must fulfill the debt repayment obligation within the scope of the inheritance you received. You cannot refuse to accept your father's inheritance to avoid paying the debt in Vietnam.

Can I disclaim an inheritance so as to avoid to pay the debt to the person leaving the will in Vietnam? (Image from the Internet)

What is division of portion of inheritance in the will that the heir disclaims the divided in Vietnam?

At Article 650 of the 2015 Civil Code stipulates the following cases of inheritance according to law:

1. Inheritance at law shall apply in the following cases:

a) There is no will;

b) The will is unlawful;

c) All heirs under the will died prior to or at the same time as the testator dying, or the bodies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;

d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.

2. Inheritance at law shall also apply to the following parts of an estate:

a) Parts of an estate in respect of which no disposition has been made in the will;

b) Parts of an estate related to an ineffective part of the will;

c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.

Therefore, if the heir refuses to accept the inheritance left by the testator, that portion of the inheritance will be divided according to the law on inheritance in Vietnam.

Best regards!