Inheritance is the legal right of the heir to the property left by the deceased, including inheritance by will and inheritance by law. In reality, the division of inheritance often leads to disputes due to conflicts or disagreements between the parties involved.
- Disputes over inheritance
- Disputes over inheritance wills
- Disputes over inheritance assets
- Disputes over requests to perform the property obligations of the deceased
- Disputes over the division of inheritance according to wills or laws
- Disputes over confirmation of inheritance rights or rejection of inheritance rights of others
Individuals or organizations have the right to request the People's Court to resolve inheritance disputes when their legitimate rights and interests are violated.
- Statute of limitations for requesting division of inheritance: 30 years for real estate and 10 years for personal property, calculated from the time of inheritance opening. After this period, the inheritance belongs to the heir who is managing the inheritance.
- Statute of limitations for requesting confirmation of inheritance rights or rejection of inheritance rights: 10 years, calculated from the time of inheritance opening.
- Statute of limitations for requesting performance of property obligations of the deceased: 03 years, calculated from the time of inheritance opening.
- District People's Court:
- Resolve inheritance disputes related to real estate at the place where the inheritance is located.
- For non-real estate inheritance, the jurisdiction belongs to the District Court where the defendant resides, works or according to the choice of the plaintiff.
- Provincial People's Court:
- Resolve inheritance disputes involving foreign elements or requiring judicial entrustment.
- Consider cases under the jurisdiction of the District Court if necessary or at the request of the District Court.
- Petition (according to the form).
- Documents proving the relationship between the plaintiff and the person leaving the property: Birth certificate, ID card, marriage certificate, adoption certificate.
- Death certificate of the person leaving the inheritance.
- Inheritance declaration.
- Documents proving ownership and origin of the inheritance.
- Other documents (if any): Minutes of settlement in the family, minutes of settlement at the People's Committee of the commune, declaration of refusal to receive the inheritance.
Step 1: Submitting a lawsuit
- The lawsuit and supporting documents can be submitted directly to the Court, sent by post, or sent online if available.
Step 2: Accepting the case
- The Court will review the file and notify the litigant to pay an advance payment of court fees. After paying the money, the receipt must be submitted to the Court to officially accept the case.
Step 3: Trial preparation
- The trial preparation period is 04 months from the date of acceptance of the case, which can be extended for no more than 02 months if the case is complicated. The judge will carry out steps such as taking statements, conciliation, examining evidence, and valuation if necessary.
Step 4: First instance trial
- The first instance trial must be opened within 01 month from the decision to bring the case to trial, which can be extended for no more than 30 days if necessary. If there is an appeal or protest, the higher court will handle it according to the appeal procedure. The case can also be reviewed according to the supervisory review or retrial procedure if there is a basis.
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
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
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
