The law on land inheritance is a crucial legal field that governs the transfer of land use rights from a deceased person to their heirs. When there is a will, the division of land inheritance is carried out according to the wishes of the testator but must still comply with legal regulations. Below is a detailed, SEO-optimized guide from ADVN Law on land inheritance with a will.
LATEST LAND INHERITANCE LAW WITH A WILL IN 2025
This refers to the legal regulations governing the transfer of land use rights to heirs based on the wishes expressed in a valid will by the deceased. Legal basis: Civil Code 2015, Land Law 2024, Law on Notarization 2014, etc.
2.1 Regarding the Testator:
The person making the will must be mentally sound and clear-headed.
A person aged 15–18 must obtain consent from a parent or guardian.
A person with physical limitations or who is illiterate must make the will with witnesses and have it notarized or certified.
2.2 Regarding the Content:
Must include: details of the testator, beneficiaries, assets to be inherited, and location of assets.
Must not violate legal prohibitions or go against social morals.
2.3 Regarding the Form:
Can be in writing or oral.
Oral wills must be made in the presence of at least two witnesses and documented and certified within 5 working days.
2.4 Regarding Land Use Rights:
The land must have a valid Land Use Rights Certificate.
The land must be dispute-free, not seized for judgment enforcement, and still within its use term.
According to Article 644 of the Civil Code 2015:
Minor children, parents, spouse, and adult children incapable of working are entitled to two-thirds of a statutory share, even if not mentioned in the will.
Exception: if they renounce the inheritance or are legally disqualified from inheriting.
Step 1: Verify the legal validity of the will.
Step 2: Notarize or certify the inheritance declaration.
Step 3: Declare and pay taxes and fees.
Step 4: Register the change of land use rights.
Step 5: Receive the updated Land Use Rights Certificate (Red Book).
Ensures estate protection in the absence of an heir or estate administrator.
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