Inheritance is the living person’s enjoyment of the right to use the property left by the deceased. Those who have the right to inherit have the right to inherit property, own and use the property they have inherited. Inheritance is the property that the deceased leaves to the living. Inheritance assets are transferred to the living person in the form of a will or inheritance according to law. If the deceased leaves a will and expresses their wish to divide the inheritance according to their will, those named in the will and those with inheritance rights regardless of the will will inherit. However, when a person dies without leaving a will, the inheritance is determined according to the provisions of law, and the heirs are determined according to the line of succession.
2. What is inheritance? Characteristics of inheritance rights
Inheritance rights are civil rights of citizens prescribed in the Civil Code and other related legal documents. Inheritance rights play an important role in society and are recognized by the laws of many countries in different forms. Inheritance rights under Vietnamese law include the following issues: the right to make a will, the right to leave property as desired, and the right to enjoy inheritance. Inheritance rights have the following characteristics:
2.1. Inheritance object
Inheritance is understood from a legal perspective as property belonging to the deceased that is left to the living. Article 115 of the 2015 Civil Code stipulates that property rights are rights with monetary value, including property rights to objects, land use rights, intellectual property rights and other property rights. What assets are inherited? According to the provisions of Article 105 of the 2015 Civil Code, assets are objects, money, valuable papers and property rights. So the property mentioned in the civil code is divided into movable property and real property. These two types of assets can be existing assets or assets formed in the future.
2.2. Subject of inheritance
The subject of this right includes the rights of the person who has the inheritance and the rights of the person who enjoys the inheritance.
Regarding the rights of the person leaving the estate, the 2015 Civil Code allows every individual to have the right to dispose of property under their legal ownership upon death. Regardless of gender, age, status, profession… every individual has the right to leave their legacy to others. A person’s inheritance is inherited in two forms: inheritance by will and inheritance by law. If the deceased leaves a will and determines the heirs and inheritance they are entitled to, their estate will be divided according to the will if the will is legally made. If they die without leaving a will, the estate they leave behind will be divided according to law, the heirs will be determined according to the line of inheritance and inheritance according to regulations.
Regarding the rights of beneficiaries of inheritance, the Civil Code also sets out two cases: with a will and without a will. In case there is a will and a person is named in the will, they will enjoy the inheritance that the deceased left them as stated in the will. However, if there is no will or a person is not named in the will, they are only entitled to inherit property if they are in a case of inheritance independent of the will or they are in the line of heirs entitled to inherit. never mind.
In addition, the law also stipulates cases in which inheritance is not allowed or is allowed to refuse inheritance if one does not want to inherit property. You can read the 2015 Civil Code to learn more about this issue.
3. Right to inherit property of husband and wife
After a husband and wife die, how is the other person’s inheritance determined? This problem will also be divided into two cases. In case a person dies with or without a will. If they leave a will, it will be divided according to the will; if they do not leave a will, it will be divided according to the law. If the other person is in a situation where he or she is not eligible to receive inheritance according to the provisions of law, he or she will not receive the inheritance. Or if you do not want to inherit the property, you need to file an application to refuse to receive the inheritance according to the provisions of law.
4. Can I inherit real estate abroad?
In case the deceased has assets abroad, the inheritance must comply with the provisions of the law of that person’s nationality. If the deceased has Vietnamese nationality, inheritance rights are determined according to Vietnamese law. However, the legacy left behind is real estate, so it is necessary to consider how the law of the country where the real estate is located has regulations on this real estate. If the law of that country allows inheritance, it can be inherited.
