How is the inheritance divided if two individuals with mutual inheritance rights pass away at the same time?

2 spouses A and B have 2 children, C and D. Mr. C has a wife named H, while Mr. D is single. If Mr. A passes away at the same time as C, how should Mr. A's estate be distributed? Mr. A did not leave a will.

Article 619 of the Civil Code 2015 stipulates the inheritance rights of those entitled to inherit each other's estate who die at the same time as follows:

In the case where persons entitled to inherit each other's estate die at the same time or are deemed to have died at the same time because it is impossible to determine who died first (hereinafter collectively referred to as dying at the same time), they shall not inherit each other's estate, and the estate of each person shall be inherited by their own heirs, except for the case of representation inheritance stipulated in Article 652 of this Code.

According to this regulation and the information provided: Mr. A and his son C died at the same time (persons entitled to inherit each other's estate) => A and C shall not inherit each other's estate and the estate of each person shall be inherited by their own heirs, except for the case of representation inheritance.

Article 652 of the Civil Code 2015 stipulates about representation inheritance as follows:

In the event that the child of the person bequeathing the estate dies before or at the same time as the person bequeathing the estate, the grandchild shall inherit the share of the estate that the father or mother of the grandchild would have received if still living; if the grandchild also dies before or at the same time as the person bequeathing the estate, the great-grandchild shall inherit the share of the estate that the father or mother of the great-grandchild would have received if still living.

According to the provided information, Mr. C has a wife, Mrs. H, but no child, so there is no representation inheritance in this case.

=> Thus, upon Mr. A's death, the estate will be divided between his wife, Mrs. B, and his child, D.

Sincerely!

Related Posts
LawNet
What are procedures for temporary residence registration for foreigners in Vietnam in 2025?
LawNet
What is the template of the Death Declaration Form in 2025 in Vietnam?
LawNet
Is it necessary to present marriage certificate when registering for birth certificate in Vietnam?
LawNet
What are sample farewell speeches for new recruits departing for military service in 2025 in Vietnamese?
LawNet
What are wishes for entities enlisting for military service in Vietnam in 2025?
LawNet
What documents are included in the Dossier for temporary residence registration in 2025 in Vietnam?
LawNet
What is the maximum duration of temporary residence at one place in Vietnam in 2025?
LawNet
Is authorization for marriage registration allowed in Vietnam? What are the conditions for marriage in 2025 in Vietnam?
LawNet
What is the template of the Declaration Form for change of residence information in 2025 in Vietnam?
LawNet
What are best wishes for a loved one who are enlisted in the military in 2025 in Vietnam?
Lượt xem: 0
Latest Post

Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;