1. What is inheritance?
Inheritance is property left by the deceased to the living. Article 612 of the 2015 Civil Code also stipulates that “inheritance includes the personal property left by the deceased, which is the portion of the deceased’s property that is jointly owned with others”.
2. Regulations on division of inheritance
2.1. Division of inheritance according to the will
The division according to the will is stipulated in Article 659 of the Civil Code, specifically:
(i) Distribution according to the will of the testator; If the will does not clearly state the share of each heir, the inheritance will be divided equally among the people named in the will, unless otherwise agreed.
(ii) If the will stipulates the division of the inheritance, the heirs will receive the inheritance along with the proceeds, income earned or the portion of the estate whose value is reduced at the time of division of the estate. inherit; If the object is destroyed by someone else, the heir will be compensated for the damage.
(iii) If the will only divides the inheritance in proportion to the total value of the inheritance, this portion of the inheritance is calculated based on the value of the remaining inheritance at the time of division of the inheritance.
2.2. Divide inheritance according to law
The division of inheritance according to law is stipulated in Article 660 of the Civil Code, specifically:
(i) In dividing the inheritance, if in the same row there is an heir who has conceived but has not yet been born, a portion of the inheritance equal to the portion that other heirs are entitled to must be set aside to When that heir is born, he will receive it; If that person dies before the date of birth, the other heirs will inherit.
(ii) Heirs are divided into inheritance in kind; If it is not possible to divide equal parts, the heirs can agree on the valuation in kind and agree with the recipient in kind; If an agreement cannot be reached, the artifact will be sold and divided.
3. What is an inheritance division agreement?
Division of inheritance is aimed at ending the situation of having common ownership of the inheritance of many people from the deceased. An agreement to divide an estate is a civil transaction that is clearly stipulated in the Inheritance section of the 2015 Civil Code. This inheritance division can be done right at the Court or by other people. which are inherited according to the will and mutual agreement.
As stated in the above section, the law stipulates that there are two types of inheritance division: division according to will and division according to law.
In addition, based on the provisions of Article 57 of the Notary Law 2014, those who are divided into inheritance assets according to the will/law and cannot clearly determine the portion of assets they are entitled to. You can prepare a written division agreement and request that the agreement be notarized.
In that asset division agreement document, the beneficiary has the right to donate part or all of his or her inheritance to other heirs.
4. Divide inheritance before 1990 according to the provisions of law
In case of opening an inheritance before 1990, the statute of limitations for filing a lawsuit to divide the inheritance is Real Estate. The division of inheritance before 1990 was clearly stipulated by law in Section I of Official Dispatch No. 01/GD – TANDTC. As follows:
“For cases of opening inheritance before September 10, 1990; The statute of limitations for filing a lawsuit against an inheritance that is real estate shall comply with the provisions of Article 36 of the 1990 Inheritance Ordinance; and instructions in Resolution No. 02/HDTP dated October 19, 1990; of the Supreme People’s Court guiding the application of a number of provisions of the law on inheritance. The statute of limitations begins from September 10, 1990.
Thus, assuming your great-grandfather died in 1964, according to Official Dispatch No. 01/GD-TANDTC above, the statute of limitations for filing a lawsuit for inheritance division before 1990 will be calculated from September 10, 1990.
The land belongs to the joint ownership of the grandfather and grandmother, when both of them died and did not leave a will; According to the provisions of law, this land will be divided in the following order:
(i) The first line of inheritance includes: spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased.
(ii) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, brothers, sisters, and siblings of the deceased.
(iii) The third third row includes: The deceased’s paternal and maternal grandparents; paternal uncle, maternal uncle, maternal uncle, maternal aunt, paternal aunt of the deceased; The deceased person’s nephew is a paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt.
Accordingly, suppose your parents are no longer there; The land left by the elders will be divided according to the provisions of law to the first line of heirs, which are the elders’ children.
