Can the ancestral house be sold to pay off the debt of the deceased in Vietnam?
My grandfather built an ancestral house for worship. He has just passed away, but he still has a debt to pay. Can we sell the land with the ancestral house to pay off the debt?
Can the ancestral house be sold to pay off the debt of the deceased in Vietnam?
Based on Article 645 of the Civil Code in 2015, the following provisions on inheritance for worship are stipulated:
- In the case that the testator leaves a portion of the estate for worship, that portion of the estate shall not be inherited and shall be given to the person designated in the will to manage for the purpose of worship; if the person designated does not comply with the will or not in accordance with the agreement of the heirs, the heirs have the right to give the portion of the estate used for worship to another person to manage for worship.
In the case that the person who left the estate does not designate a person to manage the worship property, the heirs shall appoint a person to manage the worship property.
In the case that all heirs under the will have died, the portion of the estate used for worship belongs to the person who is legally managing the estate among those who are eligible for inheritance under the law.
- If the entire estate of the deceased is not enough to pay the financial obligations of that person, no portion of the estate shall be used for worship.
Therefore, in the case that the deceased has a debt and has used all of the estate left by that person except for the estate for worship and still has not paid off the debt, then the portion of the estate for worship may be used to pay off the debt.
In the case of your grandfather, the other assets will be prioritized for the payment of debts. Only when those assets are not enough to pay off the debt can the ancestral house be sold to pay off the debt you mentioned.
Can the ancestral house be sold to pay off the debt of the deceased in Vietnam? - Source: Internet
Order of priority of payment when dividing the estate in Vietnam
The order of priority of payment when dividing the estate is stipulated in Article 658 of the Civil Code in 2015 as follows:
- Reasonable costs according to customary practices for funeral services.
- Outstanding alimony.
- Costs for the preservation of the estate.
- Allowances for dependents.
- Labor wages.
- Damage compensation.
- Taxes and other amounts payable to the state budget.
- Other debts to individuals, legal entities.
- Fines.
- Other costs.
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