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Clubs · Nov 10, 2024 · 3 min read
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Clubs · Nov 10, 2024 · 3 min read
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This article will help you understand the differences between legal inheritance and inheritance through wills in Vietnam. We will provide detailed information on the procedures, conditions, and rights of heirs in each case, helping you choose the most appropriate method to protect your property and family rights.
According to Article 649 of the Civil Code 2015, legal inheritance is inheritance according to the order of inheritance, conditions, and procedures for inheritance as prescribed by the Civil Code 2015.
Inheritance through will: Wills take effect from the time the inheritance is opened, the time the deceased person's property is opened. In case the Court declares a person dead, the time of inheritance opening is the date determined in clause 2 of Article 71 of the Civil Code 2015.
- Persons designated in the will
- Father, mother, spouse; Minor children.
- Adult children, unable to work
- Written will;
- Oral will if a written will cannot be drawn up.
- Order 02: Paternal grandparents, maternal grandparents, paternal great-grandparents, maternal great-grandparents, siblings, nephews, nieces of the deceased; grandchildren of the deceased who are paternal grandparents, maternal grandparents, paternal great-grandparents, maternal great-grandparents;
- Order 03: Maternal great-grandparents, paternal great-grandparents of the deceased; paternal/marternal aunts and uncles, paternal/marternal nieces and nephews, paternal/marternal cousins of the deceased; paternal/marternal grandchildren of the deceased who are maternal grandparents, maternal great-grandparents.
Form: Heirs make an agreement in writing/agree to divide the inherited property at the Notary Office/Notary Public Office
- Illegal will.
- Heirs by will die before/at the same time as the testator; if the organization is the beneficiary of the will, it ceases to exist at the time of inheritance opening.
- The heir under the will has no right to inherit/decline the inherited property.
- Portion of the property: Not determined in the will; related to the portion of the will that is not valid; the person inheriting under the will but not entitled, declines, dies before or at the same time as the testator...
In addition to these content, these two forms also have their own provisions, not the same. For example:
- Legal inheritance: Regulations on inheritance by bloodline, inheritance rights between adoptive parents, birth parents and adopted children; biological child and stepfather, stepmother; between spouses who have divided common property; are seeking divorce or have married someone else...
- Inheritance according to the will: Provisions on witnesses to the will; safekeeping of the will; bequeathal; declaration of the will...
D differentiate inheritance according to law and according to will in Vietnam
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