The right to inheritance and the right to bequeath inheritance is one of the basic rights of citizens protected by law. However, due to customs and family sentiments, many people ignore inheritance rights and the right to bequeath inheritance.
In addition, there are also cases where the heirs have made a will, but because they do not understand the inheritance laws, the will does not comply with the law, causing the heirs to have to resolve disputes. legal bond, loss of family affection.
1. Laws on inheritance
1.1. Inheritance right
Individuals have the right to make a will to dispose of their assets; leave your property to your heirs at law; inherit according to will or law.
The heir is not an individual with the right to inherit the estate according to the will.
1.2. Time and place to open inheritance
– The time of opening the inheritance is the time the person with the property dies. In case the Court declares a person dead, the time to open the inheritance is the date determined in Clause 2, Article 71 of the 2015 Civil Code.
– The place where the inheritance is opened is the last residence of the person leaving the legacy; If the final place of residence cannot be determined, the location for opening the inheritance is the place where the entire estate is located or where the majority of the estate is located.
1.3. Heir
An heir is an individual who must be alive at the time of opening the inheritance or born and alive after the time of opening the inheritance but conceived before the death of the person leaving the inheritance.
In case the heir under the will is not an individual, it must exist at the time of opening the inheritance.
1.4. Heritage
The estate includes the deceased’s personal property and the deceased’s portion of property in common with others.
2. Inheritance according to will
2.1. Form of will
The will must be made in writing; If it is not possible to make a written will, an oral will can be made.
2.1.1. Written will
A written will includes:
– Written will without witnesses:
+ The testator must write and sign the will himself.
+ Making a will in writing without witnesses must comply with the provisions of Article 631 of the 2015 Civil Code.
– Written will with witnesses:
+ In case the testator does not write the will himself, he can type it himself or ask someone else to write or type the will, but there must be at least two witnesses. The testator must sign or fingerprint the will in front of witnesses; Witnesses confirm the testator’s signature and fingerprint and sign the will.
+ Making a will in writing with witnesses must comply with the provisions of Article 631 and Article 632 of the 2015 Civil Code.
– Notarized written will: The testator can request the will notarized.
– Authenticated written will: The testator can request to have the will authenticated.
2.2.2. Oral will
In cases where a person’s life is threatened by death and a written will cannot be made, an oral will can be made.
After 3 months from the time of the oral will, if the testator is alive, alert, and clear-sighted, the oral will is automatically annulled.
2.2. Legal will
– A legal will must meet all of the following conditions:
+ The testator is lucid and wise while making the will; not be deceived, threatened or coerced;
+ The content of the will does not violate legal prohibitions or is not contrary to social ethics; The form of the will does not violate the provisions of law.
– The will of a person from full fifteen years old to under eighteen years old must be made in writing and must have the consent of the father, mother or guardian to make the will.
– The will of a person with physical limitations or of an illiterate person must be made in writing by a witness and notarized or authenticated.
– A written will that is not notarized or authenticated is only considered legal if it meets all the conditions specified above.
– An oral will is considered legal if the oral testator expresses his/her final will in front of at least two witnesses and immediately after the oral testator expresses his/her final will, the witness records it. again, sign or fingerprint. Within 05 working days from the date the oral testator expressed his/her final will, the will must be certified by a notary public or competent authentication agency with the signature or fingerprint of the witness.
See more: Things to know when writing a will
2.3. Heirs do not depend on the content of the will
The following people are still entitled to a share of the estate equal to two-thirds of the rate of a legal heir if the estate is divided according to law, in case they are not allowed to enjoy the estate by the testator or are only allowed to enjoy the estate: The inheritance portion is less than two-thirds of that portion, specifically:
– Minor children, father, mother, wife, husband;
– Adult children who are unable to work.
The above provisions do not apply to people who refuse to receive the inheritance or who do not have the right to enjoy the inheritance as prescribed in Clause 1, Article 621 of the Ministry Civil Law 2015.
3. Inheritance according to law
3.1. Cases of inheritance according to law
Inheritance by law applies in the following cases:
– There is no will;
– The will is not legal;
– Heirs according to the will die before or at the same time as the testator; The agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance;
– People who are designated as heirs according to the will but do not have the right to inherit or refuse to receive the inheritance.
Inheritance by law also applies to the following inheritance:
– The portion of the estate not determined in the will;
– The portion of the estate related to the part of the will is not legally effective;
– The inheritance is related to the heirs according to the will but they do not have the right to inherit, refuse to receive the inheritance, die before or at the same time as the testator; related to agencies and organizations that are entitled to the inheritance according to the will, but no longer exist at the time of opening the inheritance.
3.2. Heirs by law
The heirs at law are specified in the following order:
– The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;
– The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;
– The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, maternal uncle, maternal aunt, maternal aunt; The deceased’s great-grandchildren are paternal and maternal great-grandchildren.
Heirs of the same line enjoy equal shares of the inheritance. People in the next line of inheritance can only inherit if there is no one left in the previous line of inheritance because they are dead, have no right to inherit, are disqualified from inheriting or refuse to receive the inheritance.
3.3. Inherit the throne
In case the child of the person leaving the legacy dies before or at the same time as the person leaving the legacy, the child will enjoy the portion of the inheritance that the child’s father or mother would enjoy if still alive; If the grandchild also dies before or at the same time as the person leaving the estate, the great-grandchild will enjoy the inheritance that the great-grandchild’s father or mother would enjoy if still alive.
