If there is an illegitimate child and a biological child, will they receive equal inheritance in Vietnam?

If there is an illegitimate child and a biological child, will they receive equal inheritance in Vietnam?

My mother received a large inheritance from her adoptive mother. My mother has 2 children, 1 boy and 1 girl. The illegitimate son, I am the daughter of my mother and father. My father passed away before my mother inherited the property from my adoptive mother. So in case my mother passes away without a will, how is her property legally divided between her two children?

Answer: Your father passed away before your mother inherited the property from your adoptive mother. Therefore, the property your mother received from her adoptive mother is separate property.

Article 613 of the 2015 Civil Code stipulates:

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.

=> Because your father died before your mother inherited the property from her adoptive mother (ie died before the time of opening the inheritance), he will not be able to inherit the inheritance your mother left behind iN Vietnam.

In your case, if your mother dies without a will, the inheritance will be divided according to law to the first level of heirs.

According to Point a, Clause 1, Article 651 of the 2015 Civil Code, the first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

=> This regulation does not distinguish between the legal inheritance rights of illegitimate or biological children regarding the mother's estate. Therefore, if your mother's illegitimate son has enough evidence to prove that he is her child with an unmarried man, his right to inheritance is still protected by law in Vietnam.

Clause 2, Article 651 of the 2015 Civil Code stipulates:

2. Heirs at the same level shall be entitled to equal shares of the estate.

Because your mother's husband, biological father, biological mother, adoptive father, and adoptive mother are no longer there, when your mother dies, the inheritance will be divided equally between her two children, you and her illegitimate son. Thus, the two people will enjoy an equal share of the inheritance and half of the inheritance that their mother left behind in Vietnam.

If there is an illegitimate child and a biological child, will they receive equal inheritance in Vietnam? (Image from the Internet)

What is inheritance division in cases where husband and wife have divided common property in Vietnam?

My grandmother got married elsewhere decades ago. My grandfather passed away 7 years ago. So can my grandmother enjoy inheritance rights and what are the procedures required?

Answer: In your question, based on Clause 1, Article 655 of the 2015 Civil Code, it is stipulated that

1. Where a wife and husband have divided their multiple ownership property while they are still married and one of them subsequently dies, the surviving spouse shall still be entitled to inherit the estate of the deceased.

Therefore, your grandmother still has right to inherit the inheritance left by your grandfather. To enjoy your grandmother's inheritance, you must request the court to divide the estate according to civil proceedings in Vietnam.

However, it should be noted that the statute of limitations for requesting inheritance division for real estate is 30 years and for movable property is 10 years as prescribed in Clause 1, Article 623 of the 2015 Civil Code in Vietnam.

Can my father sue if my uncle sell land without the consent of the co-heir in Vietnam?

Hello, let me ask: My grandparents passed away in 1983 and 1986 and left behind a garden without a will. In 1992, my uncle made a certificate of land use rights in his name. Now my uncle has sold half of the garden. If he sells it without my father's approval, can I sue now?

Answer: According to Point d, Clause 1, Article 688 of the 2015 Civil Code, it is stipulated that for transactions established before the effective date of the 2015 Civil Code, the statute of limitations shall apply according to the 2015 Civil Code.

When your grandparents pass away and leave behind a piece of land without a will, your grandparents' children are designated as co-heirs.

Pursuant to Clause 1, Article 632 of the 2015 Civil Code, the statute of limitations for heirs to request inheritance division is as follows:

The statute of limitations for an heir to request division of the estate is 30 years for real estate, 10 years for movable property, from the time of opening the inheritance. At the end of this period, the estate belongs to the heir who is managing that estate. In case there is no heir managing the estate, the estate will be resolved as follows:

- The property belongs to the current possessor according to the provisions of Article 236 of this Code;

- Heritage belongs to the State, if there is no possessor specified in Point a of this Clause.

On the other hand, Clause 1, Article 611 of the 2015 Civil Code stipulates the time of commencement of an inheritance shall be the time when the deceased dies. Where a court declares that a person is dead, the time of commencement of the inheritance shall be the date provided in Clause 2 of Article 71 of this Code.

According to what you have provided, your grandparents passed away in 1983 and 1986, it's been over 30 years, so your father is not allowed to ask for a share of the inheritance your grandparents left behind in Vietnam.

Best regards!