In fact, despite having a marriage or blood relationship with the person who left the estate, there are still cases where the individual is not entitled to the inheritance of real estate, including houses and land in Vietnam.
Article table of contents
05 cases ineligible to inherit houses and land in Vietnam (illustration)
According to Article 612 of Vietnam's Civil Code (2015), an estate comprises property which the deceased owned and property which the deceased jointly owned with other persons.
Besides, according to Article 105 of Vietnam's Civil Code 2015:
"Article 105. Property
1. Property comprises objects, money, valuable papers and property rights.
2. Property includes immovable property and movable property. Immovable property and movable property may be existing property or off-plan property."
It can be seen that the house and land are also considered as the legacy of the deceased.
Cases ineligible to inherit land in Vietnam.
According to Article 621 of Vietnam's Civil Code 2015, the following people are not entitled to inheritance, as well as the right to inherit land, including:
Case 1: 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;
Case 2: Persons having seriously breached their duty to support the deceased;
Case 3: 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;
Case 4: 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, the above cases may, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will.
Case 5: The adult child has working capacity and the entire estate is inherited according to the lawful will, but the child is not allowed to inherit.
According to Clause 1, Article 644 of Vietnam's Civil Code 2015, it stipulates:
"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."
From the above provisions, if an adult child (of full age or older) has the ability to work and is not entitled to inherit when:
- The testator does not allow such a person to inherit according to the will.
- The entire estate is the right to use land and houses inherited under a lawful will.
