Inheritance is one of the important institutions regulated by the Civil Code 2015. In which it is stipulated that the inheritor receives the inheritance according to a will or by law but also has the right to refuse it. So, how is the situation resolved if the inheritor has refused to receive the inheritance but later changes their mind in Vietnam?
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Can an Heir change their mind after refusing to accept the inheritance in Vietnam? (Internet image)
Article 610 of the Civil Code 2015 affirms that all individuals are equal regarding their right to bequeath their property to others and the right to receive inheritance according to a will or by law. Additionally, Article 620 of the Civil Code 2015 also allows heirs the right to refus in Vietname the inheritance. The refusal must meet the following conditions:
- Not intended to evade fulfilling their financial obligations to others;
- The refusal to receive the inheritance must be made in writing and sent to the property manager, other heirs, and the person responsible for dividing the inheritance for their information;
- The refusal to receive the inheritance must be expressed before the time of the inheritance division.
So, if the heir has refused the inheritance and then changes their mind, does the previous refusal remain valid? Thu Ky Luat explains this issue as follows:
In the case where the heir has refused the inheritance and ensured that the refusal meets the legal conditions such as not intended to evade fulfilling their financial obligations to others; the refusal procedure has been completed correctly, such as being made in writing and sent to the property manager, other heirs, and the person responsible for dividing the inheritance for their information; and the heir refused the inheritance before the time of the inheritance division, the refusal is valid, and the heir cannot change their mind. However, if the previous refusal has not met the effective conditions, the heir can change their mind. Examples of such cases include:
- Refusal after the time of inheritance division;- Refusal intended to evade fulfilling their financial obligations to others;
- The refusal has not been made in writing;
- Not sent to the property manager, other heirs, or the person responsible for dividing the inheritance, etc.
In summary, when deciding to refuse an inheritance, the heir should consider it carefully because if the refusal is effective, it cannot be changed, and they may lose their legal rights.
Thuy Tram
- Key word:
- INHERITANCE
- Vietnam
