Regulations on who leaves inheritance and heirs in Vietnam

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1. A person who leaves an inheritance

The person who leaves an inheritance is the person whose property is left to the living after death according to their will expressed in the will or according to the provisions of law . The person leaving a legacy can only be an individual, regardless of any conditions ( social class , level of behavioral capacity … ) .​​​​

Citizens have the right to own legal income , savings , and housing . .. While alive, they have the right to put these types of assets into civil circulation or make a will for others to enjoy their assets after death . In case a citizen has property under private ownership and does not make a will after death , this property will be divided according to the provisions of law .

For legal entities , organizations are established with different purposes and tasks . Assets of legal entities and organizations to maintain their own activities . No individual has the right to dispose of assets of legal entities or organizations . When a legal entity or organization suspends its operations such as dissolution or bankruptcy . . ) , assets are disposed of in accordance with the provisions of law .​​​​ Legal entities and organizations participate in the inheritance relationship as beneficiaries of the estate according to the will .

illustration. Regulations on who leaves inheritance and heirs in Vietnam

2. Heirs

An heir is a person who inherits an inheritance according to a will or law . The legal heir can only be an individual and must be a person related by marriage , blood or adoption to the person leaving the estate . The heir under the will can be an individual, an organization or the state . Heirs have rights and obligations regarding the property left by the deceased .​

The heir being an individual must be alive at the time of opening the inheritance ; The person who was conceived at the time of opening the inheritance and born alive is also the heir . If the heir is a legal entity or organization , it must still exist at the time of inheritance ( Article 613 of the 2015 Civil Code ) . The heir must perform the following duties :

– Inheritors are responsible for performing property obligations within the scope of the estate left by the deceased, unless otherwise agreed. In this case, the law encourages heirs to fulfill all obligations left by the deceased, even in cases where there is no remaining inheritance. This is the moral obligation of children towards their parents…

– In case the estate has not been divided, the property obligations left by the deceased are performed by the estate manager according to the agreement of the heirs.

– In case the inheritance has been divided , each heir shall fulfill the property obligations left by the deceased corresponding to but not exceeding the portion of property he or she received , unless otherwise agreed .

– In cases where the State , agencies , or organizations enjoy inheritance according to a will , they must also fulfill the property obligations left by the deceased as if the heirs were individuals .

Heirs have the right to receive inheritance according to the will or law . In addition, the heir has the right to refuse to receive the inheritance, except in cases where the refusal is to avoid performing his or her property obligations to others .

For example : An heirhasadebttopayor has tocompensatefordamagetoanotherperson.Thispersonusesthe excuseofnothavingtheassetsto fulfilltheobligationbutrefusestheright to inherit theinheritance.refusetopay debt or compensatefor damages…

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