Can stepchildren receive inheritance from their stepfather in Vietnam? Is it possible to request a court not to allow distribution of the estate during period of time in Vietnam?

Can stepchildren receive inheritance from their stepfather in Vietnam?

My father passed away when I was 4 years old, and 4 years later my mother remarried someone from the same village. After getting married, my mother and my stepfather had 3 children. In 2017, my stepfather passed away, so can I ask if I can enjoy the inheritance my stepfather left behind?

Reply:

According to Article 654 of the 2015 Civil Code, inheritance relations between stepchildren and their stepparents is as follows:

If a stepchild and his or her stepparents care for and support each other as though they were biologically related, they may inherit each other's estates and may also inherit in accordance with articles 652 and 653 of this Code.

Thus, if you and your stepfather have a relationship of caring and nurturing each other like father and son, you will receive the same inheritance as biological children in Vietnam.

Can stepchildren receive inheritance from their stepfather in Vietnam? Is it possible to request a court not to allow distribution of the estate during period of time in Vietnam? (Image from the Internet)

Is it possible to request a court not to allow distribution of the estate during period of time in Vietnam?

My brother had a traffic accident and died suddenly. Before now, he took care of all living expenses in the house for his parents and me. At the same time, he has his own house that he bought before getting married and is currently renting it out. When he passed away, my parents and I's living expenses depended entirely on the rental income from the above house. But my sister-in-law asked to sell the house and divide it so she could marry another man. Please, how should I handle this case?

Reply:

According to Article 661 of the 2015 Civil Code, regulations on limited distribution of estates are as follows:

Where it was the wish of a testator, or where the heirs agree, that an estate is to be distributed only after a certain period of time, it shall be distributed only after such period of time has expired.

If there is a request to distribute an estate but such distribution will seriously and adversely affect the life of the remaining wife or husband and family, such spouse has the right to request a court to fix the share of the estate to which other heirs are entitled but not to allow distribution of the estate during a certain period of time. Such period shall not exceed three years from the date of commencement of inheritance. When such period fixed by the court has expired or such remaining spouse has remarried, the other heirs have the right to request the court to permit distribution of the estate.

Thus, if the division of the inheritance your brother leaves behind seriously affects the lives of you and your parents as above, you may request the Court to determine the portion of the estate that the heirs are entitled to but have not yet divided the estate. The maximum period of suspension of inheritance division is 3 years from the time of opening the inheritance in Vietnam.

If the inheritance is not enough to pay the debt, can it be used for worship in Vietnam?

Hello, I work at a beauty spa, I have a client whose husband is very rich, has many assets, houses, and land. However, this person also had a lot of debt, and last week he died of a stroke. He left a will for his children. And in the will, there is content that the large house will be used for worship. However, recently the bank announced to confiscate to pay debt. I have a question: can this person's house be used for worship? Please advise.

Reply:

According to the provisions of Article 645 of the 2015 Civil Code on estates used for worship purposes:

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.

=> A will is an expression of an individual's will to transfer his or her assets to others after death. In case the deceased person's entire inheritance is not enough to pay that person's property obligations, part of the inheritance cannot be used for worship. Therefore, in a situation where a man has many assets, houses, and land, but his total assets are not enough to pay his estate obligations, he will not be allowed to use the house for worship in Vietnam.

Above is our advice regarding your support request.

Best regards!