1. Time to open inheritance
The time of opening the inheritance is the time when the inheritance relationship arises. According to the provisions of Clause 1, Article 611 of the 2015 Civil Code , the time to open inheritance is the time the property owner dies. In case the court declares a person dead, the time to open the inheritance is the date determined according to the provisions of Clause 2, Article 71 of the 2015 Civil Code.
Determining when to open inheritance is very important. From that point on, it is necessary to determine exactly what the heir’s assets, rights and obligations are and how much remains when the inheritance is divided. The time of opening the inheritance is the basis for determining the heirs of the deceased, because the heir is an individual who must be alive at the time of opening the inheritance or born and still alive after the time of opening the inheritance but has already succeeded. pregnancy before the person leaving the estate dies.
In case a court declares a person dead, the court shall determine the date of death of that person depending on each case; If the date of death cannot be determined, the date on which the court decision declaring that person as dead takes legal effect is considered the date of that person’s death.
For example :In a plane accident or flood… the relatives of the accident victim request the court to declare that person dead. Through investigation and verification, if the exact date of the accident is known, then The court can declare the date of death of the accident victim as the date of the accident.
2. Location to open inheritance
Clause 2 , Article 611 of the 2015 Civil Code stipulates: ” The place of opening an inheritance is the last place of residence of the person leaving the inheritance ; If the last place of residence cannot be determined , the place of opening the inheritance is the place where the entire inheritance is located or where the majority of the inheritance is located . The location for opening an inheritance is determined according to the grassroots administrative unit (commune, ward, town).
The Civil Code regulates the location for opening the inheritance, because at that place it is often necessary to carry out tasks such as: immediately inventorying the assets of the deceased (in case of necessity); determine who are the heirs according to the will or by law; person refuses to receive the inheritance… In addition, if an heir refuses to receive the inheritance, he or she must notify the state notary agency or the People’s Committee of the commune, ward or town where the inheritance was opened . refusal to accept inheritance. Furthermore, in case of dispute, the people’s court where the inheritance was opened has jurisdiction to resolve it.
In reality, a person before death can live in many different places, so the Civil Code stipulates that the place of opening the inheritance is the last residence of the person leaving the legacy. In cases where the final place of residence cannot be determined, the location for opening the inheritance is the place where all or most of the estate is located.
