1. Concepts and forms of inheritance under Vietnamese law

Inheritance is the transfer of property, rights and obligations from a deceased person to a living person according to the provisions of law or the will of the person leaving the property. According to the 2015 Civil Code, inheritance is divided into two main forms:

• Inheritance by will: Pursuant to Article 624 of the 2015 Civil Code, inheritance by will is the disposition of an individual's property after death through a will. The conditions for the validity of a will are stipulated in Article 630 of the Civil Code, including:
  • The testator must have full civil capacity, be lucid and voluntary.
  • The content of the will does not violate the law or social ethics.
  • The form of the will must comply with legal regulations (notarized/authenticated written will, witnessed written will, or oral will in special cases).
• Inheritance by law: According to Article 650 of the 2015 Civil Code, inheritance by law applies when:
  • No will or invalid will.
  • The beneficiary of the will is no longer alive or refuses to receive the inheritance.
  • The content of the will does not clearly specify the inheritance left behind.
  • The estate has no heirs.

2. Regulations on inheritance and division of estate

According to Article 651 of the 2015 Civil Code, legal heirs are determined in the following order of priority:

First order of heirs: Wife, husband, father, mother, biological children, legally adopted children of the person leaving the inheritance.

Second order of heirs: Paternal grandparents; maternal grandparents; siblings of the testator.

Third line of inheritance: paternal and maternal great-grandparents; paternal and maternal aunts, paternal and maternal uncles of the person leaving the inheritance.

The division of inheritance is carried out according to the provisions of Article 659 of the 2015 Civil Code:

If there is a valid will, the estate will be divided according to the contents of the will.

If the inheritance is by law, the estate will be divided equally among those of the same order of inheritance.

If an heir is not eligible to inherit (disqualified under Article 621 of the Civil Code), the inheritance will be divided among the remaining heirs.

3. Common inheritance disputes in practice

In reality, inheritance disputes are common and complicated, mainly stemming from the following reasons:

3.1. Disputes over the validity of wills

The will is invalid due to violation of regulations on form or content (Article 630 of the 2015 Civil Code).

There are details related to forged signatures and falsified will content.

Dispute over whether the testator was of sound mind or under duress when making the will (Article 626 of the 2015 Civil Code).

3.2. Disputes between co-heirs

Some heirs claim that they have been given an unfair share of the inheritance.

Conflict over inherited land use rights when some people have lived on the land before.

The debts of the testator have not been agreed upon during the property division process (Article 658 of the 2015 Civil Code stipulates the property obligations left by the deceased).

3.3. Disputes over inheritance rights of illegitimate children and adopted children

Illegitimate children must prove blood relationship to be entitled to inheritance (Article 654 of the 2015 Civil Code).

Adopted children have full inheritance rights like biological children, but are sometimes in dispute with the biological children of the testator (Article 653 of the 2015 Civil Code).

Determining the inheritance of a spouse in a divorce before one party dies also causes many disputes (Article 660 of the 2015 Civil Code).

4. Legal solutions to resolve inheritance disputes

4.1. Mediation and negotiation

According to Article 202 of the 2015 Civil Procedure Code, the parties should negotiate and reconcile before filing a lawsuit to avoid wasting time and litigation costs.

Use a mediator or ask a reputable family member to help the parties reach an agreement.

4.2. Recourse to court

If the dispute cannot be resolved, the parties have the right to file a lawsuit at a competent court under Article 26 of the 2015 Civil Procedure Code.

During the trial, the court may request signature appraisal, verify the origin of assets and consider the legality of the will.

4.3. Applying measures to protect rights

Require notarization of wills to avoid disputes over legal validity (Article 636 of the 2015 Civil Code).

Establish clear and transparent inheritance records regarding the assets and rights of each heir.

Consult a lawyer to ensure your legal rights.

5. Conclusion

Inheritance is an important area of civil law, directly affecting the rights and interests of individuals and families. Understanding the legal provisions and resolving disputes in a reasonable manner will help limit conflicts, ensure fairness and protect the legitimate rights of the parties involved. In addition, making a transparent will, notarizing the will and complying with inheritance regulations will help limit disputes, ensuring that assets are divided reasonably and legally.

This article is for reference only and is not intended as advice. If you need advice, please contact us via email: info@barrso.com .