Are children in wedlock and illegitimate children entitled to the same inheritance in Vietnam?

Are children in wedlock and illegitimate children entitled to the same inheritance in Vietnam?

Pursuant to Article 650 of the Civil Code in 2015 stipulating cases of 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.

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.

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 regulations above, If your father does not leave a will before he died, inheritance shall be decided by law. The law doesn't distinguish between children in wedlock and illegitimate children. Therefore, children in wedlock and illegitimate children are eligible to be heirs of the same level.

If the wife gets married to another man after her husband dies, is she entitled to inherit the estate of her husband in Vietnam?

Pursuant to Article 655 of the Civil Code in 2015 stipulating inheritance where wives and husbands have divided multiple ownership property, have applied for divorce or have remarried as follows:

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 the wife gets married to another man after her husband dies, she is still entitled to inherit the estate of her husband in Vietnam.

What are regulations on distribution of estates in accordance with law in Vietnam?

Pursuant to Article 660 of the Civil Code in 2015 stipulating regulations on distribution of estates in accordance with law in Vietnam 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.

Above are regulations on distribution of estates in accordance with law in Vietnam.

Best regards!