9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Attorneys specializing in inheritance consultation play a crucial role in assisting and guiding clients through legal issues related to inherited assets. With in-depth knowledge and practical experience, they ensure the asset distribution process is fair, transparent, and fully compliant with the law. Inheritance lawyers not only assist in drafting wills and legal documents but also represent clients in resolving inheritance disputes. They provide peace of mind and confidence to clients in complex and sensitive situations, helping them optimally protect their own rights and those of their family.
In the simplest terms, inheritance refers to the transfer of assets (houses, land, money, etc.) and property rights (land use rights, intellectual property rights, etc.) or obligations (debts) from a deceased person to another individual. Typically, the heirs are blood relatives of the deceased, such as grandparents-grandchildren or parents-children. However, the law also recognizes the right of the deceased to transfer assets and property rights to non-relatives.
Inheritance by Will
Pursuant to Article 624 of the Civil Code 2015, a will is the expression of an individual’s intent to transfer their property to others after death. A will may be made before or at the time of the testator’s death.
Inheritance by will is the form of inheritance prioritized by law. Only in cases where there is no will, or the will is invalid in whole or in part, will the deceased’s property be distributed through other means, known as inheritance by law.
Inheritance by Law
Pursuant to Article 649 of the Civil Code 2015, inheritance by law refers to inheritance according to the order of inheritance, conditions, and sequence as prescribed by law.
Inheritance by law, as stipulated in Article 650 of the Civil Code 2015, applies in the following cases:
“a) There is no will;
b) The will is unlawful;
c) The heirs designated in the will die before or at the same time as the testator; the agency or organization designated to inherit under the will no longer exists at the time of opening of inheritance;
d) The persons designated as heirs under the will have no right to inherit or renounce the inheritance.”
In addition, inheritance by law also applies to portions of the estate not covered by an effective will or portions not disposed of in the will.
Required Dossier
Notarization Procedure for Declaration of Inheritance
Step 1: Preparation and submission of dossier
Step 2: Verification of dossier by the Notarial Office
Step 3: Public posting of the acceptance of the inheritance declaration document
Step 4: Drafting of the inheritance declaration document and certification
Step 5: Payment of fees and receipt of results
Lawsuit Procedure for Division of Inherited Estate at Court
Step 1: The plaintiff submits one set of lawsuit dossier to the competent People’s Court, either directly or by post. The dossier includes:
Lawsuit petition
Copies of personal identification documents (Citizen ID, Passport, Birth Certificate, Marriage Certificate, Adoption Certificate, etc.)
Copy of the death certificate of the deceased who left the estate
Copies of documents related to the estate (Land Use Rights Certificate, House Ownership and Land-Attached Assets Certificate, Savings Book, etc.)
Copy of the will (if any)
Other relevant documents
Step 2: The Court reviews the lawsuit dossier and requires the plaintiff to pay the advance court fee
Step 3: The Court accepts and resolves the case in accordance with the procedures prescribed in the Civil Procedure Code 2015, including steps such as soliciting opinions on the plaintiff’s claims, mediation and evidence disclosure, valuation, first-instance trial, appellate trial, etc.
Step 4: Request for enforcement of the judgment/decision resolving the inheritance dispute: After the Court issues a final and effective judgment or decision resolving the inheritance dispute, if the obligated party fails to voluntarily comply, the entitled party may file an enforcement request with the Civil Judgment Enforcement Sub-Department.
Engaging an inheritance lawyer can provide numerous important benefits, including:
– In-depth understanding of legal regulations: Inheritance law is highly complex and subject to changes over time. A specialized inheritance lawyer possesses comprehensive knowledge of current legal provisions, helping you clearly understand your rights and obligations.
– Reducing the risk of disputes: Inheritance often involves multiple parties and can lead to family conflicts. A lawyer can help resolve disputes amicably and equitably, minimizing the risk of escalation.
– Ensuring the legal validity of a will: If you wish to draft a will, a lawyer can assist in preparing the document in full compliance with the law, avoiding errors that could render the will invalid.
– Resolving emerging legal issues: During the inheritance process, various legal issues may arise, such as unclear assets, debts, or disputes. A lawyer can professionally address these matters.
– Representation before court: In cases of inheritance disputes requiring court resolution, the lawyer will represent you, protect your interests, and ensure the proceedings proceed smoothly.
Engaging an inheritance lawyer not only saves time and effort but also ensures maximum protection of your rights and interests.
BKC Law provides two main forms of inheritance legal consultation: online consultation and in-person consultation at the office.
1. Online Consultation:
Format: Via email, telephone, or online platforms such as Zalo or other chat applications.
– Advantages:
– Saves time and travel costs.
– Flexible scheduling to suit personal availability.
– Convenient for clients located far away or abroad.
– Disadvantages:
– May not fully address all detailed legal inquiries.
– Dependent on internet connection and electronic devices.
2. In-Person Consultation at the Office:
Format: Clients visit the law firm’s office to meet and discuss directly with the attorney.
– Advantages:
– Allows for more detailed, direct, and clear communication of legal issues.
– Builds greater trust and connection between attorney and client.
– Enables immediate signing of contracts and execution of legal procedures at the office.
– Disadvantages:
– Involves time and travel costs.
– Limited by the office’s working hours.
BKC Law commits to delivering high-quality consultation services that effectively meet clients’ legal needs, whether through online or in-person formats.
For free legal consultation at BKC Law, you may contact our attorneys via the following information:
Phone: 0901 3333 41
Email: info@bkclaw.vn
Office in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Office in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41