What are cases of inheritance at law in Vietnam? Who are heirs notwithstanding contents of wills in Vietnam?
What are cases of inheritance at law in Vietnam? Who are heirs notwithstanding contents of wills in Vietnam? What are levels of heirs at law in Vietnam?
What are cases of inheritance at law in Vietnam?
Pursuant to Clause 2 Article 650 of the Civil Code in 2015 stipulating cases of inheritance at law:
Cases of inheritance at law
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.
As regulated above, inheritance at law shall apply in the following cases:
- There is no will;
- The will is unlawful;
- 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;
- The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.
What are cases of inheritance at law in Vietnam? Who are heirs notwithstanding contents of wills in Vietnam? - image from internet
What are levels of heirs at law in Vietnam?
Pursuant to Article 651 of the Civil Code in 2015 stipulating heirs at law:
Heirs at law
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 regulated above, there are 03 levels of heirs at law in Vietnam:
- The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
- The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
- 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.
Who are heirs notwithstanding contents of wills in Vietnam?
Pursuant to Article 644 of the Civil Code in 2015 stipulating heirs notwithstanding contents of wills:
Heirs notwithstanding contents of wills
1. 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.
2. Clause 1 of this Article shall not apply to persons who have disclaimed their inheritance as prescribed in Article 620 or person who are not entitled to inherit as prescribed in Clause 1 Article 621 of this Code.
As regulated above, heirs notwithstanding contents of wills include:
- Children who are minors, father, mother, wife or husband of the testator;
- Children who are adults but who are incapable of working.
Where a testator does not grant any of the above 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.
Therefore, those persons 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.
Above regulations shall not apply to persons who have disclaimed their inheritance or person who are not entitled to inherit.
