Inheritance is the transfer of property of a deceased person to a living person, which is called an estate. Individuals may make a will to dispose of their property; leaving their property to their heirs at law; inherit by will or according to law. The 2015 Civil Code details the inheritance from Article 609 to Article 662, furthermore the issues related to inheritance are also stipulated in other legal documents such as the Law on Notary 2014 and guiding documents. Guide Notary Law.

Summary of regulations on inheritance is as follows:

I. CHARTER FOR REQUEST FOR INHERITANCE

The division of an estate shall only be considered when the heir still has the right to request the division of the estate and exercise that right within the period prescribed by law.

The statute of limitations for inheritance is specified in Article 623 of the 2015 Civil Code:

"first. The statute of limitations for an heir to request the division of an estate is 30 years for real estate and 10 years for estate from the time of opening the inheritance. After this time limit, the estate belongs to the heirs managing it. If no heir is managing the estate, the estate shall be settled as follows:

a) The estate is under the ownership of the current owner in accordance with Article 236 of this Code;

b) The estate belongs to the State, if there is no possessor specified at Point a of this Clause.

2. The statute of limitations for an heir to claim his / her inheritance right or to reject another person's right to inherit is 10 years from the time of opening the inheritance.

3. The statute of limitations for requesting an heir to fulfill the property obligations of the deceased is 3 years, counting from the time of opening the inheritance. "

II. FORMS OF DIVISION OF INHERIT HERITAGE

* Inheritance according to wills:

According to Articles 609 and 610 of the 2015 Civil Code, there are two forms of inheritance division: divided by will and by law. If there is a will, the estate is divided according to the will. However, Article 644 of the 2015 Civil Code provides that an heir does not depend on the content of the will:

"first. The following persons are still entitled to an estate portion equal to two-thirds of the rate of a legal heir if the estate is divided by law, in cases where they are not granted by the testament maker or only the estate is less than two-thirds of that:

a) Minors, parents, spouses;

b) Adult children who cannot work. ”

An interest here is calculated in the event that the entire inheritance is inherited by law.

In the remaining cases, the estate will be divided according to the law:

* Inheritance at law:

Article 650 of the 2015 Civil Code:

"first. Inheritance at law shall apply in the following cases:

a) There is no will;

b) The will is unlawful;

c) The heirs according to the testament die before or at the same time as the testator; agencies and organizations that are entitled to inherit according to wills no longer exist at the time of opening the inheritance;

d) Persons appointed to be heirs by will without having the right to inherit or refuse to receive the estate.

2. Inheritance at law shall also apply to the following parts of an estate:

a) The part of the estate not determined in the will;

b) The part of the estate related to the part of the will has no legal effect;

c) The part of the estate related to the heirs according to the will but they have no right to inherit the estate, refuse to accept the estate, die before or die at the same time as the testator; regarding agencies and organizations entitled to inheritance according to wills, but no longer exist at the time of opening the inheritance.

1. Heirs

Accurate determination of inheritance is an important basis to identify people entitled to inheritance according to law. Heirs at law are prescribed in the order in Clause 1, Article 651 of the 2015 Civil Code, specifically as follows:

- The first inheritance includes: spouse, natural father, natural mother, adoptive father, adoptive mother, natural children and adopted children of the dead;

- The second inheritance includes: paternal grandmother, paternal grandmother, maternal grandmother, maternal brother, biological sister, younger sibling of the dead; grandchildren of the dead, of whom the dead are paternal grandfather, maternal grandmother, maternal grandmother;

- Third inheritance includes: maternal and maternal grandparents of the dead; uncle, uncle, aunt, aunt, aunt; great-grandchildren of the deceased whose paternal and maternal grandparents died.

- The following entities will not receive inheritance:

+ Persons not entitled to inheritance (Article 621 Civil Code 2015);

+ The person refusing to receive inheritance (Article 620 of the 2015 Civil Code).

2. Receiving and dividing inheritance

- The heirs of the same row enjoy the same inheritance.

- The heirs have the right to request the division of an inheritance in kind; If it is impossible to divide in kind in kind, the heirs may agree on the valuation of objects and the agreement on the receivers of the objects; If no agreement is reached, the objects are sold for distribution.

According to Article 57.58, the Law on Notary Year specifies 02 documents including: Written declaration of inheritance and Agreement on division of inheritance.

Inheritance is a mechanism However, it is very complicated, the above are just the most general generalizations to help you understand the laws of inheritance.

If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.

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