STATUTE OF LIMITATIONS FOR INHERITANCE DIVISION LAWSUITS: WHAT YOU NEED TO KNOW

The division of inheritance arises when a person with assets passes away. According to the law, inheritance can be distributed according to a will or, in the absence of a will, in accordance with the law. In practice, disputes frequently occur among heirs during the process of asset division, often leading to lawsuits handled by the Court. One crucial factor to consider when initiating a lawsuit for inheritance division is the statute of limitations.

In this article, ADVN Law provides comprehensive and detailed information on the statute of limitations for inheritance division as prescribed by current Vietnamese law.

1. Statute of Limitations for Requesting Inheritance Division

According to Article 623 of the 2015 Civil Code, the statute of limitations for requesting inheritance division is determined as follows:

· 30 years for immovable property

· 10 years for movable property

This statute of limitations is calculated from the time the inheritance is opened, which refers to the date the person leaving the estate passes away (Article 611 of the Civil Code 2015). If the person is declared dead by a court, the starting point is the date of death as determined in the court decision.

In addition, the law provides other limitation periods related to inheritance rights, specifically:

· 10 years to request confirmation or denial of inheritance rights.

· 3 years to request an heir to fulfill the deceased’s financial obligations.

2. Legal Consequences of Expiration of the Statute of Limitations

Failure to initiate legal action within the statute of limitations may lead to serious legal consequences. Specifically, under Clause 1, Article 623 of the 2015 Civil Code:

· The estate shall belong to the person who is legally managing it.

· If no one is managing the estate, it shall be handled as follows:

a. Possession in Good Faith

A person who possesses or uses the estate in good faith, openly, continuously, and without legal basis for a period of:

· 10 years for movable property

· 30 years for immovable property

…may become the legal owner of such property, unless otherwise provided by law.

b. Estate Belongs to the State

If no individual meets the criteria above, the estate shall revert to State ownership.

In practice, determining the actual manager or possessor of the estate—and assessing whether the possession is in good faith, continuous, and open—can be legally complex and often requires consultation with an experienced inheritance lawyer.

3. Exceptions to the Statute of Limitations on Inheritance Rights

According to Section 2.4 of Resolution 02/2004/NQ-HDTP, in certain circumstances, the statute of limitations for initiating inheritance-related lawsuits does not apply, including:

a. Estate Deemed as Undivided Common Property

If within 10 years from the date the inheritance is opened, the co-heirs do not dispute their inheritance rights and have a written confirmation recognizing themselves as co-heirs—or even after 10 years, no disputes arise and all parties acknowledge that the estate remains undivided—then the estate shall be treated as common property.

When division is later required, it shall be resolved as follows:

· There is a will and no dispute: Division is based on the will.

· No will but there is an agreement: Division is based on the agreement.

· No will and no agreement: Division is based on the law governing common property.

b. Estate Possessed Illegally by Others

If the estate is unlawfully possessed by another party, or is being rented, borrowed, or managed under a power of attorney, the rightful heirs still have the right to file a lawsuit to reclaim the estate regardless of the statute of limitations.

4. Conclusion: When Should You Initiate an Inheritance Division Lawsuit?

The statute of limitations for inheritance division has a direct impact on the rights of heirs. In many cases, failing to initiate legal proceedings in time can result in the loss of inheritance rights or significant challenges in proving ownership.

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

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