If my child dies, can I inherit my ex-husband's property in Vietnam?

If my child dies, can I inherit my ex-husband's property in Vietnam?

My husband and I were married for 5 years, then divorced. It's been 4 years now, he and I have a 7 year old child together. He had just died in a traffic accident 2 years ago, was in the process of dividing the inheritance to my son, when my son suddenly died 1 year after him. Because he did not leave a will, his new wife did not allow me to receive the part of the property that my children were entitled to, she said that if my child died, I would not be entitled to his property. Please ask is it true she said so? What I have to do?

Answer: According to the provisions of the Civil Code 2015, the inheritance left by the deceased will be divided according to the will (the will must be legal). If there is no will or the will is illegitimate, the deceased's inheritance will be divided according to the law.

In case of division of inheritance according to the law, heirs at the same level shall be entitled to equal shares of the estate, heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit..

According to this regulation, 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.

Therefore: In case your ex-husband dies suddenly due to a traffic accident and does not leave a will, his inheritance will be divided to the legal heirs in accordance with the above provisions in Vietnam.

On the other hand, according to the provisions of Article 613 of the 2015 Civil Code, if an heir is an individual, such person must be alive at the time of commencement of the inheritance or, if such person is born and alive after the commencement of inheritance, must have been conceived prior to the time when the deceased dies. Where an heir under a will is a body or organization, it must be in existence at the time of commencement of the inheritance.

Thus: In this case, his new wife, his children with his new wife, your children with him and his father and mother (must be alive or dead after the time of his death) are entitled to inherit his estate left after death in accordance with the law in Vietnam. Each person is entitled to an equal share according to regulations.

According to the information you provided to us, your child (07 years old) during the time of inheritance division died, so the part of the inheritance that the child inherits from his father will become an inheritance. the child's inheritance, this part of the estate will be divided according to law to the child's legal heirs according to the above line of inheritance in Vietnam.

Therefore: You (belonging to the child's first heir) have right to receive the part of the estate that the child inherits from the father's inheritance according to the provisions of law in Vietnam.

It is not in accordance with the law for his new wife to prevent you from receiving that part of the estate in this case. To protect your legitimate rights and interests, you file a lawsuit requesting the division of inheritance to the People's Court for settlement according to its competence in Vietnam.

Above is our consulting opinion on the issue you are wondering.

Is it possible to inherit the house left by my grandmother in Vietnam?

The house my mother and I live in is a church, the red book is in my grandmother's name. Household registration includes grandmother, father, mother, younger brother and sister. But now my grandmother and father have passed away, my grandmother has no will (current house papers are still in my grandmother's name). My grandmother consists of 3 daughters, 3 sons, now the uncles and aunts do not want to let we continue to live, they ask for 6m2 in the corner of the house. But my mother and I do not agree, they still want to stay in that house to worship our grandparents, but have no intention of winning the house or keeping the name of the Certificate of land use rights. Please tell me way to solve it is the most beneficial for my mother and I. Thank you.

Answer: Article 650 of the 2015 Civil Code provides:

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.

2. Inheritance at law shall also apply to the following parts of an estate:

a) Parts of an estate in respect of which no disposition has been made in the will;

b) Parts of an estate related to an ineffective part of the will;

c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.

Where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. (Article 652).

So, in this case, because your grandmother died without leaving a will, the property will be divided equally among her children. Here, your mother is a daughter-in-law, you do not have the right to inherit, but if your father dies before or at the same time as your grandmother, you will inherit your father's estate if alive.

Therefore, the house above will be divided equally among aunts, uncles if it is in the case of inheritance. In another case, if your father died after your grandmother died, your mother and daughter have no rights to the house, so it is lucky for the rest to divide 6m2, because you should not have received anything.

If children is not named in the will, will they still inherit the property of their parents in Vietnam?

As far as I know, the law stipulates that there are a number of beneficiaries of inheritance regardless of the content of the will. So may I ask if the children not named in the will can inherit the property of their parents? Looking forward to hearing from you soon. Sincere thanks!

Answer: According to the provisions of Article 626 of the Civil Code 2015, rights of testators:

A testator has the following rights:

1. Appoint heirs or to deprive an heir of the right to inherit the estate;

2. Determine those parts of the estate which each heir is entitled to;

3. Reserve part of the estate as a gift or for worship purposes;

4. Designate heirs to perform obligations;

5. Appoint a custodian of the will, an administrator of the estate, and a distributor of the estate.

The appointment of an heir and the deprivationof the heir's right to inherit the estate is the right of the testator. Therefore, the testator has the right to let his children enjoy or not enjoy his estate.

However, according to the provisions of Clause 1, Article 644 of the Civil Code 2015, 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.

According to the above provisions in Vietnam, children whose names are not in the will will be entitled to a share of the estate equal to 2/3 of the rate of an heir at law if they fall into the following cases: minor children, children without capacity labor capacity. If the child is an adult and has the ability to work, he/she will not inherit the estate if his/her name is not listed in the will.

We hope that our advice will help solve your problems.

Best Regards!