RESOLVING INHERITANCE DISPUTES ACCORDING TO A WILL – UPDATED LEGAL REGULATIONS

Inheritance disputes are one of the most common types of civil disputes, typically arising from conflicting interests among heirs. Particularly, disputes over inheritance under a will tend to be complex and sensitive, as they often involve familial and blood relationships.

In this article, A.D.V.N Law Firm provides comprehensive legal information and a step-by-step process for resolving inheritance disputes based on a will, in accordance with current Vietnamese law.

1. Legal Basis for Resolving Inheritance Disputes

• Civil Code 2015
• Civil Procedure Code 2015

2. What Is Inheritance Under a Will?

According to Article 624 of the Civil Code 2015, a will is a declaration of an individual’s intent to transfer their assets to others upon death.

Inheritance under a will refers to the transfer of the deceased's estate to others based on the testator’s wishes as stated in the will.

3. Rights of the Testator

As stipulated in Article 626 of the Civil Code, a person making a will has the following rights:

• Designate heirs or disinherit certain individuals
• Allocate specific portions of the estate to each heir
• Set aside part of the estate for donations or worship
• Assign obligations to heirs
• Appoint an estate manager or executor

4. Forms and Validity of a Will

4.1 Forms of Wills

• Written will: May be with or without witnesses, notarized or certified
• Oral will: Only valid when the testator is in life-threatening condition, witnessed by at least two people, and certified within 5 working days

4.2 Conditions for a Valid Will

• The testator must be mentally sound and act voluntarily
• The content must not violate the law or social ethics
• The form must comply with legal requirements
• Wills made by individuals aged 15 to under 18 must have consent from parents or guardians

4.3 Effectiveness of a Will

The will becomes effective upon the opening of the inheritance — that is, when the testator dies or is legally declared deceased (Clause 1, Article 643 of the Civil Code 2015).

The will becomes fully or partially invalid if:

• The designated heir dies before or at the same time as the testator
• The estate no longer exists at the time of inheritance
• The heir is legally disqualified from receiving the inheritance

5. Heirs Not Subject to the Will's Content

According to Article 644 of the Civil Code 2015, the following individuals are entitled to a compulsory inheritance share (2/3 of the statutory share) even if not included or inadequately provided for in the will:

• Minor children
• Spouse, father, or mother
• Adult children who are incapable of working

6. Common Types of Inheritance Disputes Under a Will

• Disputes over estate division
• Disputes regarding the validity of the will
• Disputes concerning the obligations assigned to heirs

7. Procedure for Resolving Inheritance Disputes Under a Will

Step 1: Prepare the Lawsuit Dossier

• Lawsuit petition
• Documents proving inheritance relationships (ID card, household registration, birth certificates, etc.)
• Death certificate of the deceased
• List and evidence of inheritance assets
• Other relevant documents

Step 2: Submit to the Competent Court

• Directly at the court
• Via postal service
• Online via the court’s e-portal (if applicable)

Step 3: Court Acceptance and Case Processing

• The court will notify the plaintiff to pay court fees in advance
• The plaintiff must pay the fee within 15 days
• The court will then officially accept and proceed with case adjudication

In the event of an appeal or protest, the case will be handled according to appellate or cassation/retrial procedures under the Civil Procedure Code 2015.

8. Jurisdiction for Inheritance Disputes

District-Level People’s Court

Handles most domestic inheritance disputes (Article 35.1.a of the Civil Procedure Code 2015)

Provincial-Level People’s Court

Handles:

• Cases involving foreign elements or requiring international judicial assistance (Articles 35.3 and 37.1.a)
• Cases taken over from district courts for special reasons (Article 37.2)

Territorial Jurisdiction

• If the estate includes immovable property: The court where the property is located
• If the estate consists of movable property: The court where the defendant resides or chosen by the plaintiff

9. Statute of Limitations for Inheritance Disputes

According to Article 623 of the Civil Code 2015:

• 30 years for real estate
• 10 years for movable property
• 03 years to claim debts or obligations left by the deceased

A.D.V.N LAW OFFICE

- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City

- Phone: 0903.693.301 – 0909.393.329

- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com