Division of estates when the heir under the will dies at the same time as the testator dying in Vietnam
What is division of estates when the heir under the will dies at the same time as the testator dying in Vietnam? What are lawful wills in Vietnam?
My parents got married in 1995 and have 3 children: my brother (1996), me (2001) and my sister (2006). In 2008, my father lived as husband and wife with his lover and had a child born in 2009. In 2020, my father and my brother died in an accident. Before he died, my father made a legal will leaving all his assets to my mother, my brother, my sister, me and my lover. I know that my parents have a house worth 600 hundred million. During their time together, my father and his lover had common assets of 800 hundred million. When my father died, his lover buried him for 50 million VND. So let me ask, how much does my family inherit from my father's estate?
What is division of estates when the heir under the will dies at the same time as the testator dying in Vietnam?
Pursuant to Article 612 of the 2015 Civil Code on estates stipulates as follows:
An estate comprises property which the deceased owned and property which the deceased jointly owned with other persons.
And Article 615 of the 2015 Civil Code regulates performance of property obligations left by deceased
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.
Your father's inheritance includes your father's share of the joint property with your mother and lover minus the funeral money for your father:
600:2 + 800:2 - 50 = 650 hundred million
Pursuant to Point a, Clause 2, Article 643 of the 2015 Civil Code stipulates legal effectiveness of wills:
2. All or part of a will shall be legally ineffective in any of the following cases:
a) An heir under the will dies prior to or at the same time as the testator dying;
b) A body or organization named as an heir no longer exists at the time of commencement of the inheritance.
Where there are several heirs under a will and one of them dies prior to or at the same time as the death of the testator or one of the bodies or organizations named as an heir under the will no longer exists at the time of commencement of the inheritance, only that part of the will which relates to the individual, body or organization no longer existing shall be legally ineffective.
According to the above regulations in Vietnam, your brother died in the same accident as your father, so your brother will not inherit according to your father's will.
And in addition, there are also heirs regardless of the content of the will specified in Article 644 of the 2015 Civil Code as follows:
1. Where a testator does not grant any of the following persons an inheritance, or grants any such person an inheritance which is less than two-thirds of the share that person would have received if the estate had been distributed according to law, such person shall be entitled to a share of the estate equivalent to two-thirds of the share that he or she would have received if the estate had been distributed in accordance with law:
a) Children who are minors, father, mother, wife or husband of the testator;
b) Children who are adults but who are incapable of working.
2. Clause 1 of this Article shall not apply to persons who have disclaimed their inheritance as prescribed in Article 620 or person who are not entitled to inherit as prescribed in Clause 1 Article 621 of this Code.
So besides your father's stepchild, there are no other heirs regardless of the will, then each heir (your mother, you, your sister, your father's lover, your stepchild) gets an equal share in Vietnam as follows: 650:5=130 hundred million.
What is division of estates when the heir under the will dies at the same time as the testator dying in Vietnam? (Image from the Internet)
What are lawful wills in Vietnam?
Pursuant to Article 630 of the 2015 Civil Code, regulations on legal wills are as follows:
1. A will must satisfy the following requirements in order to be lawful:
a) The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;
b) The contents of the will are not contrary to law or social morals and the will complies with legal formalities.
2. A will made by a person between fifteen and eighteen years of age must be made in writing and with the consent of the parents or guardian of such person.
3. A will made by a person who is incapacitated or illiterate must be made in writing by a witness and must be notarized or certified.
4. A written will which is not notarized or certified shall be deemed lawful only if it satisfies the requirements provided in Clause 1 of this Article.
5. An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.
Best regards!
