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Notes when making a will with foreign elements in Vietnam

This article will provide you with important notes when making a will with foreign elements in Vietnam. This will requires compliance with special legal regulations to ensure legality and the rights of the heirs. We will point out the conditions, procedures, and important points for you to make a will accurately and legally, protecting your rights and your family.

In case of conflicts regarding inheritance according to a will with foreign elements, which country's law is applied for resolution?

According to Article 664 of the 2015 Civil Code which specifies the applicable law for civil relationships with foreign elements in the following order:

First, apply according to the international treaties that the Socialist Republic of Vietnam is a member of; or Vietnamese law.

Second, if the international treaties in which the Socialist Republic of Vietnam is a member of; or Vietnamese law provide for the right of choice, it shall be determined by the choice of the parties.

Third, in cases where the applicable law cannot be determined, the applicable law shall be the law of the country with the closest connection to the civil relationship with foreign elements.

According to the provision in Article 1 of Article 680 of the 2015 Civil Code:"Inheritance shall be determined according to the law of the country in which the deceased heir had nationality immediately before death".

Thus, issues regarding the content of the will, the time of inheriting, and inheritance assets unrelated to real estate are determined according to the law of the country in which the deceased heir had nationality immediately before death.

For cases of inheritance regarding real estate, the law of the country where the real estate is located is applied, specifically, Article 680, item 2 of the 2015 Civil Code stipulates: "The exercise of inheritance rights regarding real estate shall be determined according to the law of the country where the real estate is located".

2. Which country's law is applied for inheriting real estate according to a will with foreign elements?

Clause 2 of Article 680 of the 2015 Civil Code stipulates: "The exercise of inheritance rights regarding real estate shall be determined according to the law of the country where the real estate is located". Real estate is a special type of property, due to its inherent connection with land, which is a part of a country's territory, cannot be self-sufficient, therefore, the exercise of inheritance rights with this type of property will have differences. The exercise of inheritance rights regarding real estate means whether the heir or the surviving person has the right to own the real estate completely according to the law of the country where the real estate is located.

Notes when making a will with foreign elements in Vietnam 2

According to stipulations in Article 620, item 1 of the Civil Code, the recipient of an inheritance according to a will with foreign elements has the right to refuse to accept the inheritance, except in cases where the refusal is to evade the fulfillment of their property obligations to others. The refusal to accept the inheritance must be in writing and sent to the estate manager, other heirs, and the person assigned the task of dividing the estate for notification.

4. If the heir of a will with foreign elements suddenly passes away, how will the inheritance assets be handled?

In the event that a foreign-related inheritance relationship arises and falls into a situation where there is no heir, based on Article 680, item 1, the inheritance will be handled according to the provisions of the law of the country where the deceased had assets before their death if the estate is movables.

If the estate is immovable property, it will be handled according to the provisions of the law of the country where the immovable property is located. Based on legal grounds according to the 2015 Civil Code.

Therefore, individuals have the right to make a will to determine their property; leave their property to the heirs according to the law; inherit the estate according to the will or according to the law. A will is the expression of an individual's will to transfer their assets to others after death. Inheriting according to a will with foreign elements is a very rich issue, this relationship extends beyond the scope of a single country and is a very important area. The issue of inheriting according to a will with foreign elements is also closely regulated by the laws of various countries.

Notes on making a will with foreign elements in Vietnam