What is inheritance at law in Vietnam? If the person dies without leaving a will, who will receive assets division in Vietnam?
Please ask: What is inheritance at law in Vietnam? If the person dies without leaving a will, who will receive assets division in Vietnam? - Question from Mr. Long (Long An).
Who are identified as heirs in Vietnam?
In Article 613 of the 2015 Civil Code, there are regulations on 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.
What is inheritance at law in Vietnam? If the person dies without leaving a will, who will receive assets division in Vietnam? (Image from the Internet)
What is inheritance at law in Vietnam?
In Article 650 of the 2015 Civil Code, cases of inheritance at law are as follows:
Cases of inheritance according to 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.
Thus, inheritance at law will apply in the following cases:
- There is no will;
- The will is not legal;
- Heirs according to the will die before or at the same time as the testator; The agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance;
- People who are designated as heirs according to the will but do not have the right to inherit or refuse to receive the inheritance.
- Inheritance according to law also applies to the following inheritance:
+ The portion of the estate not determined in the will;
+ The part of the estate related to the part of the will that has no legal effect;
+ The inheritance is related to the heirs according to the will but they do not have the right to inherit, refuse to receive the inheritance, die before or at the same time as the testator; related to agencies and organizations that are entitled to the inheritance according to the will, but no longer exist at the time of opening the inheritance.
If the person dies without leaving a will, who will receive assets division in Vietnam?
Clause 1, Article 650 of the 2015 Civil Code stipulates cases of inheritance at law as follows:
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.
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Article 651 of the 2015 Civil Code stipulates heirs at law as follows:
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.
Thus, if you do not leave a will, the assets left behind will be divided according to law in Vietnam. Legal heirs are divided into inheritance according to the line of inheritance, in the following order of priority:
- 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.
Best regards!
