After the announcement of the opening of the inheritance or the publication of the will, the heirs can meet to agree on the division of the estate. Any agreement of the heirs must be recorded in documents in accordance with Article 656 Civil Code 2015. Therefore, is it mandatory to notarize the agreement on division of inheritance in Vietnam?
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Is it mandatory to notarize the agreement on division of inheritance in Vietnam?
Article 57 of Vietnam's Law on Notarization 2014 stipulates the notarization of written agreements on division of estate as follows:
- The heirs at law or under a testament which does not specify the portion of the estate to be enjoyed by each heir may request notarization of their written agreement on the division of the estate.
- A notarized agreement on division of estate serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership to estate heirs.
Thus, it is not required to notarize the written agreement on the division of inheritance. However, in cases where the inheritance is the right to use land, the property must be registered for ownership, which, according to the law, must be notarized or authenticated, the written agreement on the division of the estate must be notarized or authenticated so that the agreements in the document are legally valid in Vietnam.
In addition, Clause 2, Article 57 of Vietnam's Law on Notarization (2014) also stipulates that in the event the estate is a land use right or a property that is required by law to be registered for ownership, the notarization request must have documents notarized. These documents demonstrate the land use rights and property ownership rights of the person leaving the estate.
In addition, in the dossier of request for notarization, there must be papers proving the relationship between the estate leaver and the inheritor in accordance with the law on inheritance (for legal inheritance) or have a copy of the will (in the case of inheritance by will).
Bao Ngoc
