What are cases of heirs notwithstanding contents of wills in Vietnam?

What are cases of heirs notwithstanding contents of wills in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are cases of heirs notwithstanding contents of wills in Vietnam?

According to Article 644 of the Civil Code 2015, 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:

- Children who are minors, father, mother, wife or husband of the testator;

- Children who are adults but who are incapable of working.

Note: The cases above shall not apply to persons who have disclaimed their inheritance as prescribed in Article 620 or person who are not entitled to inherit as prescribed in Clause 1 Article 621 of the Civil Code 2015.

Thus, according to the above regulations, even though they are not named in the will, the following people are still entitled to ⅔ of the legal heir's share: minor children, father, mother, wife, husband, and minors who are unable to work.

2. What are the regulations on distribution of estates in accordance with wills in Vietnam?

- An estate shall be distributed in accordance with the wishes of the testator. If the will fails to specify the share of each heir, the estate shall be divided equally between the persons named in the will, unless otherwise agreed.

- Where a will provides for the distribution in kind of an estate, each of the heirs shall be entitled to receive his or her share in kind, plus the benefits and income derived therefrom, or must bear the depreciation in value of such share in kind up to the time when the estate is distributed.

If the property which is the subject of a share in kind has been destroyed due to the fault of another person, the heir has the right to demand compensation for damage.

- Where a will provides for the distribution of an estate according to certain proportions of the total value of the estate, such proportions shall be calculated on the basis of the value of the estate at the time of distribution.

(Article 659 of the Civil Code 2015)

3. What are the cases of inheritance at law?

According to Article 650 of the Civil Code 2015, inheritance at law shall apply in the following cases:

- 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. Regulations on heirs at law in Vietnam

- 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.

(Article 651 of the Civil Code 2015)

Nguyen Ngoc Que Anh

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