Can the deceased's bank deposit be inherited in Vietnam?
I would like to ask a case as follows: My brother had a savings account but died suddenly without leaving a will. So at this time, can family members inherit his bank deposit?
Can the deceased's bank deposit be inherited in Vietnam?
Pursuant to Point a, Clause 1, Article 650 of the 2015 Civil Code, cases of inheritance at 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.
In Clause 1, Article 651 of the 2015 Civil Code, heirs at law:
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.
Thus, it can be seen that the current law prescribes the division of estate in two ways in Vietnam: Division of estate according to wills; Division of estate according to law. Therefore, when the deceased person does not leave a will, his or her property will be divided according to the law, that is, the money in the bank account of the deceased will be divided equally among the above-mentioned inheritance lines.
Best Regards!
