In Vietnam, heirs are entitled to inheritance in two forms: Inheritance at law and Inheritance at will. However, in certain cases, despite having blood relations, marriage, or foster care relationships, these individuals are not entitled to inherit.
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Vietnam: 05 cases not entitled to inherit (Illustrative Image)
Under Clause 1 Article 621 of the Civil Code 2015, the following persons are not entitled to inherit in Vietnam:
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Persons convicted of having intentionally caused the death of or harmed the health of the deceased, of having seriously mistreated or tortured the deceased, or of having harmed the honor or dignity of the deceased;
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Persons having seriously breached their duty to support the deceased;
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Persons convicted of having intentionally caused the death of another heir in order to obtain all or part of the entitlement of such other heir to the estate;
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Persons deceiving, coercing or obstructing the deceased with respect to the making of the will, or forging, altering or destroying the will in order to obtain all or part of the estate contrary to the wishes of the deceased.
However, persons falling into the above categories may, nevertheless, inherit the estate if the deceased was aware of such acts but allowed them to inherit the estate under the will.
There are 02 factors to consider in this case adult children are capable of working and the entire estate is inherited under a valid will but does not give that child the right to inherit:
- Firstly: Adult children capable of working
Clause 1 Article 644 of the Civil Code 2015 stipulates:
Heirs notwithstanding contents of wills
1. Where a testator does not grant any of the following persons an inheritance, or grants any such person an inheritance which is less than two-thirds of the share that person would have received if the estate had been distributed according to law, such person shall be entitled to a share of the estate equivalent to two-thirds of the share that he or she would have received if the estate had been distributed in accordance with law:
a) Children who are minors, father, mother, wife or husband of the testator;
b) Children who are adults but who are incapable of working.
According to this regulation, if an adult child (18 years of age or older) is capable of working, but the testator does not give that child the right to inherit, the child does not have the right to inherit the estate under the will.
- Secondly: The entire estate being land use rights and houses is inherited under a valid will
Thus, if an adult child is capable of working, he/she does 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 the following cases:
- The heirs at will die before or at the same time as the testator; the agencies and 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 even if they have marital, blood, or adoptive relationships with the person leaving the estate.
Legal basis: Civil Code 2015.
Ngoc Tai
