When will inheritance be divided according to the law as stipulated in Vietnam

According to the law stated in Article 649 of the Civil Code of 2015: Inheritance according to the law is inheritance according to the inheritance line, conditions, and procedures for inheritance as prescribed by law.

This is the definition of inheritance. There are currently two forms of receiving the deceased's inheritance: receiving inheritance according towill and receiving inheritance according to the law. Because the will is the wish of the deceased to inherit, the law prioritizes dividing the inheritance according to the will over dividing the inheritance according to the law.

Only in the cases mentioned in Article 650 of the Civil Code of 2015 below, the inheritance will be divided according to the law:

- There is no will.

- Although there is a will, but the will is illegal: The person making the will is not clear, sensible, or is deceived, threatened, or coerced when making the will; the content of the will violates the prohibitions of the law, contrary to social ethics; the form of the will is contrary to regulations...

- The heir according to the will dies before/dies at the same time as the maker; if the agency, organization is the recipient of the will, it no longer exists at the time of inheritance.

- The beneficiary of the inheritance according to the will has no right to receive or reject the inheritance.

- Inheritance portion: Not determined in the will; related to the inheritance portion is ineffective; the person who inherits according to the will but is not entitled, refuses to receive, dies before or at the same time as the maker of the will...

Therefore, in any of the cases mentioned above, the inherited estate will be divided according to the law and the heir can request the Notary Office / Notary Office to perform the procedures for preparing a Declaration or an agreement on the division of the inherited estate to decide who will receive the inheritance.