In case of inheritance, do I have to pay debts on behalf of the testator in Vietnam?

In case of inheritance, do I have to pay debts on behalf of the testator in Vietnam?

My grandfather just passed away, he made a will to leave all his assets to me, my grandmother died before him and divided the inheritance. And my uncles and aunts are all grown up, when he was alive he borrowed 5 million VND from Ha next door. So, do I have to pay for Mrs. Ha?

Reply:

According to Clause 1, Article 615 of the 2015 Civil Code, 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.

Thus, when you are entitled to the entire estate left by your grandfather, you are responsible for performing the obligation to pay Mrs. Ha 5 million dong that your grandfather borrowed. The performance of this obligation in Vietnam is within the estate you are entitled to.

What is procedure for declaring the inheritance as a passbook in Vietnam?

My parents have savings in the bank. My father died suddenly without a will. But my parents don't share the same household registration, only me and my sister. I want to know what is procedure for declaring the part of the estate left by my father?

Reply:

Pursuant to Article 612 of the 2015 Civil Code: "An estate comprises property which the deceased owned and property which the deceased jointly owned with other persons"

Because your father died without leaving a will, the estate will be inherited according to the law in Article 651 of the 2015 Civil Code:

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, your mother, your sister and you are the first level of heirs to be given priority to inherit your father's inheritance in Vietnam.

There are two ways to receive inheritance:

- First, declare the inheritance according to the provisions of Clause 1, Article 58 of the the Law on Notary 2014: "A sole estate heir or co-heirs at law who agree not to divide the estate may request notarization of his/her/their written declaration(s) for acceptance of the estate."

- Second, the agreement on division of inheritance according to the provisions of Clause 1, Article 57 of the Law on Notary 2014: "The heirs at law or under a testament which does not specify the portion of the estate to be enjoyed by each heir may request notarization of their written agreement on the division of the estate. In the written agreement on the division of the estate, an heir may donate the whole or part of his/her portion of the estate to another heir."

According to Clause 4, Article 57 of the Law on Notarization 2014, “A notarized agreement on division of estate serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership to estate heirs."

In order to enjoy the legacy of the passbook left by your father, your family should proceed with the procedure to withdraw your father's passbook from the bank.

Procedures for withdrawal of savings deposits according to inheritance shall be prescribed by the savings deposit-receiving organization in accordance with the provisions on inheritance in the Civil Code and relevant legal documents. We collect the procedure for withdrawing a passbook in this case for your reference as follows:

- Notarization of the document declaring the inheritance or the agreement on division of the estate.

- Submit a set of documents requesting notarization at a notary public. The application for notarization includes the following documents:

+ A written request for notarization of the recognition/agreement on division of the estate according to the form;

+ Draft document of declaration of inheritance/agreement on division of estate (if any);

+ A copy of the identity document proving the relationship between the estate giver and the estate beneficiary

+ Copy of property documents: savings book…;

+ Copies of other papers related to the passbook.

+ Copies as mentioned above are photocopies, printed copies, typed copies or computer-typed copies but must have full and exact content like the originals and must not be authenticated. When submitting a copy, the original must be presented for comparison.

- The co-heirs make and sign a written declaration/agreement on division of the estate; or you can ask a notary agency to draft according to the form.

Here is our consultation.

If my father-in-law died without leaving a will, will I inherit in Vietnam?

My husband is the oldest child, has a married sister. Can my husband and I mortgage the certificate of land use rights in my father-in-law's name without the consent of my mother-in-law and eldest sister?

Answer: Pursuant to Article 651 and Article 623 of the 2015 Civil Code on legal heirs, the first line of inheritance includes:

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;

...

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

3. 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.

Thus, if your father-in-law dies without leaving a will, his estate (the land named after him) will be divided according to law among the first line of heirs including your mother-in-law, your husband and your sister, husband's grandfather, grandmother... (if still alive).

Because the land is the common property of husband and wife, your mother-in-law will receive half, the other half will be divided equally among the first heirs, each person will receive an equal share. So now, if your spouse wants to mortgage the land or your mother-in-law wants to sell this land, the consent of the remaining co-heirs is required in Vietnam.

In case family members can mutually agree on the land use rights to this land, the parties will carry out the procedures to declare the inheritance and then transfer the name to the certificate of normal land use rights and exercise the rights to mortgage and transfer in accordance with the law in Vietnam.

In addition, in Clause 1, Article 623 of the 2015 Civil Code, prescriptive periods with respect to inheritance are as follows:

1. The prescriptive period with respect to a claim of an heir for distribution of an estate shall be thirty years regarding immovable property or ten years regarding movable property from the time of commencement of the inheritance. Upon the expiry date of the aforesaid period, the estate shall belong to the estate administrator. In case where there is no estate administrator, the estate shall be dealt with as follows:

a) It shall belong to the person possessing it as prescribed in Article 236 of this Code;

b) It shall belong the State if there is no possessor prescribed in Point a of this Clause.

If after 30 years from the date of death of your father-in-law, there is no claim to divide the inheritance, the right to use this land will belong to the person who is managing it.

Above is the content of our advice on the issue that you have questions about.

Best regards!