STATUTORY HEIRS IN VIETNAM AND APPLICABLE CASES

Identifying the correct line of statutory heirs is a key step in the inheritance distribution process under Vietnamese civil law. Based on the order of priority defined in the Civil Code, heirs are classified into the first, second, and third lines of succession to ensure fairness and legal compliance.

1. What Are Statutory Heirs?

Statutory heirs are individuals legally entitled to inherit assets based on their familial relationship to the deceased, ranked by priority. According to Article 651 of the 2015 Civil Code, the categories of statutory heirs include:

- First line of heirs:

· Spouse;

· Biological or adoptive parents;

· Biological or adoptive children of the deceased.

- Second line of heirs:

· Paternal and maternal grandparents;

· Siblings of the deceased;

· Nephews/nieces whose grandparents are the deceased.

- Third line of heirs:

· Great-grandparents;

· Uncles, aunts (paternal/maternal);

· Nephews/nieces and great-grandchildren related to the deceased as uncles, aunts, or great-grandparents.

- Inheritance principles:

· Heirs of the same line receive equal shares;

· Lower-line heirs inherit only if no one from a higher line is eligible, has renounced their inheritance, or has been disqualified.

2. When Is Statutory Inheritance Applied?

According to Article 650 of the Civil Code 2015, statutory inheritance is applied when:

There is no valid will;
The will is partially or fully invalid;
Named heirs predecease the testator or no longer exist at the time of succession;
Named heirs refuse, lack eligibility, or are disinherited.

- Statutory inheritance also applies to portions of the estate not covered by the will or linked to invalid will provisions.

3. Inheritance Procedure According to Statutory Heirship

Under Articles 651 and 652 of the Civil Code, the procedure includes:

- Inheritance steps:

1. Identify the legal heirs based on the statutory order;

2. Prepare and notarize a Written Agreement on Estate Division or Declaration of Inheritance;

3. Publicly post a notice at the local People’s Committee (commune/ward) of the deceased’s last residence;

4. Notarize the documents and register property ownership (if applicable).

- Important considerations:

· Representation inheritance: Descendants (children or grandchildren) of a deceased heir can receive the share their parent would have received.

· Adopted children and stepchildren with a nurturing relationship are recognized in the first line of heirs.

· Spouses who are divorcing, separated, or have remarried may still inherit, subject to conditions under Article 655 of the Civil Code.

- Conclusion

Statutory inheritance is commonly applied when no valid will exists. Accurately determining heirship and following the proper legal process is essential for safeguarding the legal rights of heirs and minimizing disputes.

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