Beneficiaries are entitled to inheritance in two forms: statutory inheritance and testamentary inheritance. However, in certain cases, despite having blood relations, marriage or foster care relationships, these individuals are not entitled to inherit.
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05 cases of not being entitled to inherit the estate (Illustrative Image)
Based on Clause 1 Article 621 of the Civil Code 2015, the following persons are not entitled to inherit the estate:
Persons convicted of intentionally infringing upon the life, health, or severely mistreating, torturing the person who leaves the estate, or seriously infringing upon the honor and dignity of that person.
Persons who seriously violate the obligation to support the person who leaves the estate.
Persons convicted of intentionally infringing upon the life of another heir to gain a part or the entire inheritance which they have the right to inherit.
Persons who deceive, coerce, or prevent the person leaving the estate from making a will; forge the will, alter the will, destroy the will, or conceal the will to gain a part or the entire inheritance contrary to the will of the person leaving the estate.
However, persons falling into the above categories can still inherit the estate, including land-use rights, housing, or both house and land if the person leaving the estate knew about their actions but still allowed them to inherit the estate under the will.
- Adult children capable of working and the entire estate is inherited under a valid will but does not give that child the right to inherit. There are 02 factors to consider in this case:
**- First: **Adult children capable of working
Clause 1 Article 644 of the Civil Code 2015 stipulates:
1. The following persons are still entitled to a part of the estate equal to two-thirds of a lawful share attributed to an heir at law, if the estate is distributed according to the law, in the case they are not given the inheritance or given less than two-thirds of that share by the will-maker:
a) Minor children, parents, spouses;
b) Adult children without the ability to work.
According to this regulation, if an adult child (18 years of age or older) is capable of working, yet the will-maker does not give that child the right to inherit, the child does not have the right to inherit the estate under the will.
- Second: The entire estate involves land-use rights, housing inherited through a valid will
Thus, if an adult child is capable of working, they do not have the right to inherit the property (house, land) left by the deceased if the property is entirely inherited under a valid will that does not give the child the inheritance right. However, an adult child capable of working still has the right to inherit the estate in certain cases, specifically:
- The inheritors by will die before or at the same time as the will-maker; the agencies, organizations entitled to inherit by will no longer exist at the time of opening the inheritance.- The persons designated as heirs by the will do not have the right to inherit or refuse to accept the inheritance. In such cases, the estate will be inherited according to the law (by the line and rank of heirs).
Above are 05 cases in which individuals are not entitled to inherit property even if they have marital, blood, or adoptive relationships with the person leaving the estate.
Legal basis: Civil Code 2015.
Ngoc Tai
