Who is administrators of estates? Rights and obligations of administrators of estates in Vietnam

Who is administrators of estates? Rights and obligations of administrators of estates in Vietnam (Internet image)

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

1. Who is administrators of estates?

According to Article 616 of the Civil Code 2015, administrator of an estate means the person who is appointed in the will or by agreement of the heirs.

- Where a will fails to appoint, and the heirs have not yet appointed, an administrator, any person currently possessing, using or managing property within the estate at the time of the commencement of the inheritance shall continue its administration until the heirs have appointed an administrator.

- Where an heir has not yet been determined and there is not yet an administrator of the estate as prescribed in Clauses 1 and 2 of Article 616 of the Civil Code 2015, the estate shall be administered by a competent authority.

2. Rights of administrators of estates in Vietnam

Rights of administrators of estates under Article 618 of the Civil Code 2015 are as follows:

- An administrator of an estate as provided in clauses 1 and 3 of article 616 of the Civil Code 2015 has the following rights:

+ Represent the heirs in dealings with any third parties in relation to the estate of inheritance;

+ Receive remuneration as agreed with the heirs;

+ Receive payment of costs of estate preservation.

- A person possessing, using or managing property within an estate as provided in Clause 2 of Article 616 of the Civil Code 2015 has the following rights:

+ Continue to use the estate as agreed with the deceased in a contract or with the consent of the heirs;

+ Receive remuneration as agreed with the heirs;

+ Receive payment of costs of estate preservation.

- If the estate administrator fails to reach an agreement on the remuneration with the heirs, he/she shall be entitled to receive an appropriate remuneration.

3. Obligations of administrators of estates in Vietnam

Obligations of administrators of estates under Article 617 of the Civil Code 2015 are as follows:

- An administrator of an estate as provided in Clauses 1 and 3 of article 616 of the Civil Code 2015 has the following obligations:

+ Make a list of the property within the estate and collect any property belonging to the estate of the deceased which is possessed by others, unless otherwise provided by law;

+ Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate without the written consent of the heirs;

+ Notify the heirs of the estate;

+ Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

+ Deliver back the estate at the request of the heirs.

- A person possessing, using or managing property within an estate as provided in Clause 2 of Article 638 of this Code has the following obligations:

+ Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate;

+ Notify the heirs of the estate;

+ Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

+ Deliver back the estate as agreed with the deceased in a contract or at the request of the heirs.

4. Persons not entitled to inherit in Vietnam

According to Article 612 of the Civil Code 2015, persons not entitled to inherit include:

(1) 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.

(2) Persons provided in (1) may, nevertheless, inherit the estate if the deceased was aware of such acts but, nevertheless, allowed them to inherit the estate under the will.

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