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Understanding the essence of Property Inheritance Law is fundamentally dissected in the Civil Law of 2015. Detailed insights will be presented in the following article.
Exploring the latest regulations on inheriting property, including land and estates with or without a will, is the focal point of this article.
1. What is the Property Inheritance Law?
2. Key aspects of the Property Inheritance Law.
2.1. Provisions on inheritance.
2.2. Provisions on inheritance with a will.
2.3. Legal provisions on inheritance.
1. What is the Property Inheritance Law?
- Currently, within the legal system of Vietnam, there is no document titled 'Property Inheritance Law'. Instead, inheritance of assets is regulated by the 2015 Civil Law. 'Property Inheritance Law' is the common term used by people to refer to the process of inheriting the assets of the deceased, covering issues such as inheritance distribution, inherited goods, property distribution according to the law, distribution according to a will, the validity of the will, and more.
Therefore, in this article, we will introduce readers to chapters XXI, XXIII, and XXIII of the 2015 Civil Law: clear regulations on inheritance, inheritance according to a will, and inheritance according to the law.
At the moment of inheritance commencement, the passing away of an individual with assets also marks the emergence of rights and responsibilities for the inheritor.
In terms of the location for inheritance commencement: the last place of residence of the person leaving the legacy/where the entire estate is housed/where the majority of the estate is situated.
Regarding the time frame for heirs to request confirmation of inheritance rights or reject the inheritance rights of others: 10 years from the moment of inheritance commencement.
Concerning the time frame for heirs to fulfill the property obligations of the deceased: 3 years from the moment of inheritance commencement.
Readers can explore additional aspects of the 2015 Civil Law that we have shared.
Latest updates on the content of the Law on Inheritance of Property
2.2. Provisions on Inheritance According to Will
- Inheritance according to the will is regulated in Chapter XXII of the Civil Law: this chapter notes the following content:
Understanding the concept of 'testament' and its various forms
The testator, rights of the testator in creating a will
Legal provisions on a valid will, the content of a valid will
Notarized will, authentication, and the procedures for notarizing and authenticating a will
Validity of a will
Declaration of a will and explanation of its content
Heirs not dependent on the content of the will: the law acknowledges individuals such as minors, parents, spouses, and those incapable of labor. They are entitled to inherit two-thirds of the share of a legal heir if the estate is divided according to the law. If they are not designated by the testator to inherit, they are only entitled to a share less than two-thirds of that.
2.3. Provisions on Inheritance According to the Law
Chapter XXIII of the 2015 Civil Law addresses Inheritance According to the Law and includes provisions on the following issues:
Inheritance According to the Law follows the order of legal heirs
- Cases where Inheritance According to the Law applies:
+ No testament exists
Illegal testament
+ Those designated as heirs in the testament who die before/die simultaneously with the testator; institutions or organizations entitled to inherit according to the testament no longer exist at the time of inheritance opening
+ Individuals appointed as heirs in the testament without the right to inherit/declining the inheritance.
- Provisions regarding heirs according to the law: consisting of 03 orders of legal heirs
- Principle of inheriting according to the law:
+ Individuals in the same order of legal heirs inherit an equal share of the estate
+ Those in subsequent orders of legal heirs can inherit only if no one in the preceding order is alive, has the right to inherit, is disqualified from inheriting, or refuses the inheritance.
- Provisions on inheriting by representation:
If the descendant passes away before or at the same time as the one leaving the inheritance => The grandchild inherits the share that their parent would have received if alive.
If the descendant also passes away before or at the same time as the one leaving the inheritance => The offspring inherit the share that their parent would have received if alive.
In addition, this section clearly defines the inheritance relationships between: adopted child - adoptive parents, biological child and biological parents; between stepchild and stepfather, stepmother; inheritance in cases where spouses have divided common property; spouses who are in the process of divorce or have remarried.
Thus, the content regarding inheritance - Law on Inheritance of Property is extensively outlined in the 2015 Civil Code. This forms the basis for establishing the inheritance rights of those eligible to inherit the estate left by the deceased.
For further information, readers can explore additional legal documents such as the Civil Procedure Law, Land Inheritance Law, or the Accusation Law.
