What is inspection of inheritance determination in the settlement of inheritance division disputes according to first-instance procedures in Vietnam?

What is inspection of inheritance determination in the settlement of inheritance division disputes according to first-instance procedures in Vietnam?

Pursuant to Sub-section 1.2.3, Section 1.2, Sub-section 1, Section II, Guideline 24/HD-VKSTC 2021, providing for inspection of inheritance determination in the settlement of inheritance division disputes according to first-instance procedures as follows:

1.2.3. Determine inheritance

- Identify the heirs who are entitled to inherit according to the law (inheritance lines), heirs who do not depend on the content of the will, who do not inherit, who give up the right to inherit, inherit succession, other cases such as adopted children, stepchildren, illegitimate children,... The clear and complete identification of the heirs is an important issue because of the fact that there are cases when settling disputes. Inheritance Court determines inadequately the heirs, affecting the lawful rights and interests of these persons. Inheritance is one of the important contents in legal inheritance. The accurate identification of inheritance is an important basis for division of inheritance according to law.

In case the husband and wife have divided common property, the husband and wife are applying for divorce or are already married to another person (Civil Code 2015 stipulated in Article 655) and the case where a person has many wives or husbands before the 13th. On January 1, 1960 in the North, before March 25, 1977 in the South, South Vietnamese cadres gathered to the North (between 1954 and 1975) to get married, get another husband, and get married later without being banned. If the court cancels by a legally effective judgment or decision, the surviving spouse will still be the heir in the first line of inheritance of the deceased.

- Heirs of the same line shall enjoy an equal share of the estate.

- Those in the following line of heirs are entitled to inherit only if there is no one in the previous line of heirs because they have died, have no right to inherit, are deprived of the right to inherit or refuse to receive the estate. If there is no heir in the third line of succession, the estate will belong to the State.

* Note: In the case of inheritance dispute involving an overseas heir, if the Court has performed judicial entrustment and collected evidences in accordance with the law, but still cannot determine the location. only those persons will still resolve the claim of the plaintiff; if it is possible to identify the inheritance, the heirs, and the person who left the estate without a will, the inheritance shall be divided among the plaintiffs according to the provisions of law, the inheritance of the absentees, the address cannot be determined, will be temporarily assigned to people living in the country for management to later hand over to the heirs in absentia 3.

In case there is a new heir or an heir whose inheritance is denied, the regulations on division of the estate shall be followed in case a new heir appears or there is an heir whose inheritance right is denied. However, when applying this provision, it is necessary to distinguish the case of the appearance of a new heir from the case in which the previous case settlement process involves the involved parties and the Court lacks participants in the proceedings, in order to propose a solution. 

What is supervision of considering legality of the will in the settlement of inheritance division disputes according to first-instance procedures in Vietnam? 

According to Sub-section 1.2.4, Section 1.2, Sub-section 1, Section II, Guideline 24/HD-VKSTC 2021, providing for supervision of considering legality of the will in the settlement of inheritance division disputes according to first-instance procedures is as follows:

1.2.4. Examine the legality of the will

In the case of a dispute over the division of the inheritance according to the will, it is necessary to determine whether the person leaving the estate has made a will before his death. It is an oral will or a written will (without witnesses; with witnesses; with notarization or authentication; made at a notary office or at the People's Committee of the commune, ward, township,...) and determine the legality of the will. A legal will is a will that fully complies with the conditions prescribed by law. The will does not take effect if the estate left to the heir is no longer available at the time of opening the inheritance; if there is only part of the estate left to the heir, the will for the remaining part of the estate will still be valid. When a will has an illegal part that does not affect the validity of the remaining parts, only that part has no legal effect. When a person leaves more than one will on a property, only the last will is legally valid. If the will is in accordance with the law and is accepted, attention must be paid to the case where the inheritance does not depend on the will.

* Note:

In case the will is not legal, the inheritance according to the will is not accepted, but the inheritance must be divided according to the law. In case a will is lost or damaged to the extent that the will of the testator is not fully expressed and there is no evidence to prove the true will of the testator, it shall be considered as having no will and applying the provisions on inheritance according to the law to divide the estate.

In case the heirs under the will all 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; Those who are designated as heirs according to the will but do not have the right to inherit or refuse the right to inherit, shall divide the inheritance according to law.

What is inspection of determining the causes leading to the inheritance division dispute according to first-instance procedures in Vietnam?

In Sub-section 1.2.5, Section 1.2, Sub-section 1, Section II, Guideline 24/HD-VKSTC 2021, which regulates on inspection of determining the causes leading to the inheritance division dispute according to first-instance procedures as follows: 

1.2.5. Clearly identify the cause of the dispute; thoughts, aspirations, conditions and circumstances of the involved parties to distribute the estate appropriately.

On the basis of considering the value and current status of the disputed inheritance, the circumstances and requirements of the involved parties, whether or not the involved parties agree on the division of the inheritance, in case the involved parties agreement on the division of inheritance needs to consider whether the agreement is legal? Is it intended to avoid property obligations to a third party? It is necessary to consider the claim of the involved parties on the enjoyment of the inheritance in kind or in value (money); consider the conditions and circumstances of the heirs, the actual status of the estate,.... to propose the appropriate division of the estate.

Best Regards!