In Vietnam: When two people cohabits together as husband and wife with our marriage registration, will their baby be eligible for inheritance?

In Vietnam: When two people cohabits together as husband and wife with our marriage registration, will their baby be eligible for inheritance?

Pursuant to Article 613 of the Civil Code in 2015 stipulating heirs as follows:

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.

Pursuant to Article 660 of the Civil Code in 2015 stipulating distribution of estates in accordance with law as follows

1. If, at the time of distribution, an heir has been conceived but not yet born, a part of the estate equal to the share of another heir at the same level of heirs shall be set aside for the unborn heir. If the heir is born alive, he or she shall inherit such part of the estate. If the heir does not survive his or her birth, the other heirs at the same level of heirs shall be entitled to his or her share.

2. The heirs have the right to demand the estate to be distributed in kind. If the estate is not able to be equally distributed in kind, the heirs may agree that the property shall be valued and may agree on which heirs shall be entitled to receive which particular items of property. Failing such agreement, the assets in kind shall be sold for distribution.

As regulations above, a part of the estate equal to the share of another heir at the same level of heirs shall be set aside for the unborn heir.

However, currently, you and your boyfriend only cohabits together. You must carry out procedures for father-children relationship recognition in accordance with the Law on Marriage and Family.

In Vietnam: What are regulations on inheritance at law in case there is no will?

Pursuant to Clause 1 Article 650 of the Civil Code in 2015 stipulating inheritance at law as follows:

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.

Pursuant to Article 651 of the Civil Code in 2015 stipulating heirs at law as follows:

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.

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.

As your boyfriend doesn't leave a will, inheritance at law shall follow above regulations. Your child is the first level of heirs and shall entitled to equal shares of the estate with heirs at the same level.

What are obligations of administrators of estates in Vietnam?

Pursuant to Article 617 of the Civil Code in 2015 stipulating obligations of administrators of estates in Vietnam as follows:

1. An administrator of an estate as provided in Clauses 1 and 3 of article 616 of this Code has the following obligations:

a) Make a list of the property within the estate and collect any property belonging to the estate of the deceased which is possessed by others, unless otherwise provided by law;

b) Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate without the written consent of the heirs;

c) Notify the heirs of the estate;

d) Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

dd) Deliver back the estate at the request of the heirs.

2. A person possessing, using or managing property within an estate as provided in Clause 2 of Article 638 of this Code has the following obligations:

a) Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate;

b) Notify the heirs of the estate;

c) Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

d) Deliver back the estate as agreed with the deceased in a contract or at the request of the heirs.

Above are obligations of administrators of estates such as taking care of the estate, notifying the heirs of the estate, compensating for any damage if the administrator breaches any of its obligations, delivering back the estate at the request of the heirs, etc.

Best regards!