LATEST LEGAL REGULATIONS ON INHERITANCE DISTRIBUTION ACCORDING TO VIETNAMESE LAW

In cases where a deceased person leaves no will or the will is legally invalid, the estate will be divided according to the provisions of the law. So, how is inheritance divided in the absence of a will? Who is entitled to inherit? ADVN Law will guide you through the current legal regulations in detail.

1. What Is Statutory Inheritance?

According to Article 649 of the Civil Code 2015, statutory inheritance refers to the inheritance based on legal heirs, conditions, and order of succession as prescribed by the law, applicable when no valid will exists.

2. When Does Statutory Inheritance Apply?

As stated in Article 650 of the Civil Code 2015, statutory inheritance applies in the following cases:

· There is no will;

· The will is invalid;

· The heir named in the will dies before or at the same time as the testator;

· The heir has no right to inherit or refuses to accept the inheritance;

· The organization or entity named as heir no longer exists at the time the estate is opened.

In addition, even when a will exists, statutory inheritance may apply if:

· The will does not cover the entire estate;

· A portion of the will is legally invalid;

· The named heir dies, no longer exists, or refuses to inherit.

3. Principles of Inheritance Distribution Under the Law

3.1. Inheritance by Order of Succession

According to Article 651 of the Civil Code 2015, heirs are determined in the following priority order:

 First Line of Heirs: Spouse, biological parents, adoptive parents, biological children, adopted children of the deceased.

 Second Line of Heirs: Grandparents, siblings, nieces and nephews (if the deceased was their grandparent).

 Third Line of Heirs: Great-grandparents, uncles, aunts, cousins, great-grandchildren (if the deceased was their great-grandparent or relative).

- Inheritance Rules:

· Heirs in the same line inherit equal shares;

· Lower-ranking heirs only inherit when there are no heirs in the previous line.

- In case a child's parent dies before the deceased, the grandchild will inherit in substitution (as regulated under Article 652 of the Civil Code).

3.2. Inheritance Between Adopted/Stepchildren and Parents

✔ Adopted children and adoptive parents: Inherit from each other as if they were biological family members. They belong to the first line of inheritance.

✔ Stepchildren and stepparents: If there is a relationship of care and upbringing like parent-child, they also belong to the first line of heirs.

- Substituted inheritance rights also apply in these cases if the direct heir has passed away.

3.3. Special Cases in Spousal Inheritance

Under Article 655 of the Civil Code 2015:

· If spouses divided their common property before death, the surviving spouse still has inheritance rights over the remaining estate;

· If a couple is in the process of divorce, or a divorce judgment has not yet taken effect, the surviving spouse still has the right to inherit;

· The person who was the spouse at the time of death can still inherit, even if they later remarry.

- Conclusion

Statutory inheritance is a common method of estate distribution when no valid will exists. Heirs are determined by the order of succession to ensure fairness and legal compliance. Accurate identification of heirs and their shares is crucial to prevent inheritance disputes.

Contact A.D.V.N Law for professional support

If you need more information or support, please contact ADVN LAW for detailed advice.

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