Vietnam: What is the first, second, and third level of heirs?

Vietnam: What is the first, second, and third level of heirs? (Internet image)

1. What is the first, second, and third level of heirs?

According to Article 651 of the Civil Code 2015, heirs at law are categorized in the following order of priority:

- The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

- The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

- The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

Heirs at the same level shall be entitled to equal shares of the estate.

Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

2. Regulations on succeeding heirs in Vietnam

Article 652 of the Civil Code 2015 stipulates that where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.

If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.

3. Cases of inheritance at law in Vietnam

There are 04 cases of inheritance at law, specified in Clause 1, Article 650 of the Civil Code 2015, specifically:

- There is no will;

- The will is unlawful;

- All heirs under the will died prior to or at the same time as the testator dying, or the bodies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;

- The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.

In addition, inheritance at law shall also apply to the following parts of an estate:

- Parts of an estate in respect of which no disposition has been made in the will;

- Parts of an estate related to an ineffective part of the will;

- Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the right to inherit, or having died prior to or at the same time as the testator dying; and parts of an estate related to bodies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.

4.  Cases of persons not entitled to inherit in Vietnam

Pursuant to Article 621 of the Civil Code 2015, the following persons are not entitled to inherit:

- 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;

- Persons having seriously breached their duty to support the deceased;

- 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;

- 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.

Persons in cases above, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will.

Nhu Mai

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