Inheritance of property is a complex and crucial matter in civil law. Understanding the legal regulations helps involved parties protect their legitimate rights and interests and minimizes potential disputes. To effectively handle inheritance issues, individuals should thoroughly understand the relevant legal provisions or seek assistance from legal experts when necessary.

Inheritance of property is an important aspect of civil law, involving the transfer of ownership rights of assets from a deceased person (the bequeather) to the heirs. Vietnamese law clearly stipulates various matters related to inheritance, including the rights and obligations of heirs, cases of inheritance by will, and inheritance under the law. This article will clarify the basic provisions regarding inheritance of property under Vietnamese law.

1. General Regulations on Inheritance

According to the Vietnamese Civil Code 2015, inheritance is the transfer of assets from the deceased person to the heirs either through a will or by law. Inherited assets include the deceased person’s separate property and their share of joint property with others.

The inheritance rights of individuals are recognized and protected by the law. All individuals are equal in terms of inheritance rights, regardless of gender, ethnicity, or religion.

2. Inheritance by Will

2.1. Concept and Forms of Wills

A will is an expression of an individual’s wishes to transfer their assets to another person after their death. According to Article 624 of the Civil Code 2015, a will can be made in the following forms:

• Written Will: This includes a written will with witnesses, a written will without witnesses, a written will notarized by a notary public, and a written will authenticated by a competent authority.
• Oral Will: This is applicable only when the testator is in a situation where their life is threatened, and they cannot make a written will.

2.2. Validity of a Will

To be valid, a will must meet the following conditions:

• The testator must be of sound mind and not be deceived, threatened, or coerced while making the will.
• The content of the will must not violate legal prohibitions or social morality.
• The form of the will must comply with legal regulations.

2.3. Provisions for an Invalid Will

A will is considered invalid if it violates any of the conditions for validity. In such cases, the portion of the estate in the invalid will shall be distributed according to the law.

3. Inheritance by Law

3.1. Concept of Legal Inheritance

Legal inheritance refers to the distribution of the estate according to the law, applicable in cases where:

• There is no will.
• The will is invalid.
• Those designated in the will have passed away at the time of the inheritance or have declined the inheritance.

3.2. Legal Heirs’ Priority Orders

According to Article 651 of the Civil Code 2015, legal heirs are categorized into three priority orders:

• First Priority Order: Spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased.
• Second Priority Order: Grandparents on both sides, siblings, nephews, and nieces of the deceased.
• Third Priority Order: Great-grandparents, uncles, aunts, and other relatives.

The estate will be distributed according to the priority order, with those in the first order receiving the estate first. Only when there are no heirs in the first order will the second order be considered, and so on.

4. Rights and Obligations of Heirs

4.1. Rights of Heirs

Heirs have the following rights:

• The right to refuse the inheritance, but they must submit a written statement to the estate administrator within six months from the date of inheritance commencement.
• The right to request the distribution of the estate.
• The right to demand compensation for any damages arising during the distribution process.

4.2. Obligations of Heirs

Heirs are obliged to fulfill the financial obligations of the deceased within the limits of the estate they inherit. If the estate is insufficient to meet these obligations, the remaining obligations will not be transferred to the heirs.

5. Special Cases in Inheritance

5.1. Succession by Substitution

According to Article 652 of the Civil Code 2015, succession by substitution occurs when a child of the deceased passes away before or at the same time as the deceased. In such cases, the grandchild will inherit the share of the estate that the predeceased parent would have received.

5.2. Inheritance Rights of Illegitimate Children

Illegitimate children have the same inheritance rights as legitimate children if the parent-child relationship is legally recognized.

5.3. Inheritance of Joint Property of Spouses

When one spouse passes away, half of the joint property will be distributed according to inheritance laws, while the remaining half belongs to the surviving spouse.