Is it permissible for remarried people to receive inheritance in Vietnam?

Is it permissible for remarried people to receive inheritance in Vietnam?

My husband and I have been married for 5 years, then my husband died (a year ago). When my husband died, he did not leave a will. My husband's property is currently assigned to a member in the family to manage until the day of commencing inheritance according to the principles of the family. Currently, I plan to remarry with a man in the same village (who also lost his wife). I don't know if I can receive inheritance if I'm remarried?

Answer:

A natural person may make a will to dispose of his or her estate, may leave his or her property to an heir in accordance with law, or may inherit an estate left to him or her under a will or in accordance with law.

Pursuant to Article 655 of the Civil Code in 2015 stipulating as follows:

"Article 655. Inheritance where wives and husbands have divided multiple ownership property, have applied for divorce or have remarried

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.

2. Where a wife and husband have applied for but not yet obtained a legally effective divorce pursuant to a judgment or decision of a court, or they have obtained such a divorce but the judgment or decision of the court is not yet effective, and one of them dies, the surviving spouse shall, nevertheless, be entitled to inherit the estate of the deceased.

3. A person who is the wife or husband of the deceased at the time when his or her spouse dies shall be entitled to inherit the estate of the deceased even if that person subsequently remarries."

As regulations above, if a person is a spouse of a person at the time of his/her death, even if he/she later gets married to another person, he/she will still inherit the estate.

Therefore: For the case that you provide to us, after your husband died without leaving a will, your husband's estate has not been divided but has been assigned to one member of the family to manage. If you remarry, you will still inherit your husband's estate according to the law.

What is the place of commencing inheritance in Vietnam?

My grandfather has a permanent residence in Tam Ky City, Quang Nam province but has moved to live in Tho Quang Ward, So Tra District, Da Nang City for many years (under temporary residence status, but the house is owned by him). My grandfather just died in Da Nang (at the house where he is temporarily staying). When the family want to commence the inheritance, will it be carried out in Tam Ky City, Quang Nam province or in Da Nang?

Answer:

Pursuant to Article 611 of the Civil Code in 2015 stipulating as follows:

"Article 611. Time and place of commencing inheritance

1. 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.

2. The place of commencement of the inheritance shall be the last place of residence of the owner of the estate. If the last place of residence is not able to be determined, the place of commencement of the inheritance shall be the place at which all or most of the estate is located."

As regulations above, the place of commencement of the inheritance shall be the last place of residence of the owner of the estate. If the last place of residence is not able to be determined, the place of commencement of the inheritance shall be the place at which all or most of the estate is located.

Pursuant to the Law on Residence in 2020, the place of residence of a citizen includes a permanent residence and/or a temporary residence. In case the places of permanent and temporary residence of a citizen could not be determined, their place of residence shall be determined in accordance with the law.

- Lawful place of residence means a dwelling over which a citizen has the right to ownership or right to use, including houses, watercrafts, other vehicles or other dwellings as per the law.

- Place of permanent residence refers to a place of secure and long-term residence of a citizen that is registered as their permanent residence;

- Place of temporary residence refers to a place of short-term residence of a citizen save their place of permanent residence that is registered as their temporary residence.

Thus: Based on the above-cited regulations, the last place of residence of the deceased is determined to be the permanent place of residence or it can also be the temporary residence of the deceased.

Therefore: For the case that you provided to us, your grandfather was temporarily residing legally in Tho Quang ward, So Tra district, Da Nang city and died at this address. Then, the place of inheritance in this case is determined to be in Tho Quang ward, So Tra district, Da Nang city.

According to the law in Vietnam, is it possible to inherit the estate when the husband and wife have divided the common property?

My husband and I have been married for many years but have no children. We live separately but do not want a divorce. Both have shared property in writing and notarized. The property has also been transferred to the owner according to the agreement. In fact, we are no longer connected. But, on paper, we are still husband and wife. Recently, he passed away suddenly without leaving a will. Can I inherit his property?

Answer:

Pursuant to Article 655 of the Civil Code in 2015 stipulating as follows:

Article 655. Inheritance where wives and husbands have divided multiple ownership property, have applied for divorce or have remarried

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.

2. Where a wife and husband have applied for but not yet obtained a legally effective divorce pursuant to a judgment or decision of a court, or they have obtained such a divorce but the judgment or decision of the court is not yet effective, and one of them dies, the surviving spouse shall, nevertheless, be entitled to inherit the estate of the deceased.

3. A person who is the wife or husband of the deceased at the time when his or her spouse dies shall be entitled to inherit the estate of the deceased even if that person subsequently remarries.

Thus: Pursuant to the provisions cited above, in case a husband and wife have divided common property while the marriage still exists and then one person dies, the surviving person will still inherit the estate.

Therefore: For the case that you provide to us, you and your husband have divided the common property during the marriage. Although you are separated in reality, the two are still legally husband and wife of each other. Then, you are entitled to inherit the estate left by your husband after death according to the law.

Best regards!