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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Currently, inheritance consultation services in Ho Chi Minh City assist clients in properly planning their inheritance to ensure assets are transferred according to their wishes smoothly, while also bringing peace of mind to the family during difficult times. Inheritance is not merely the transfer of assets but a complex and sensitive process involving both familial and legal matters. This article provides some basic advice and guidance to help you best prepare for the inheritance process, from legal regulations to discussions on finance and family matters.
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.
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.
Pursuant to Article 651 of the Civil Code 2015, the persons entitled to inherit by law are as follows:
“Article 651. Persons entitled to inherit by law
1. The persons entitled to inherit by law are determined in the following order:
a) First order: spouse, natural parents, adoptive parents, natural children, adoptive children of the deceased;
b) Second order: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full siblings of the deceased; nieces/nephews of the deceased where the deceased is the paternal/maternal grandparent;
c) Third order: great-grandparents of the deceased; paternal/maternal uncles/aunts of the deceased; nieces/nephews of the deceased where the deceased is the paternal/maternal uncle/aunt; great-nieces/great-nephews of the deceased where the deceased is the great-grandparent.
2. Persons in the same order of inheritance are entitled to equal shares of the estate.
3. Persons in a lower order of inheritance are only entitled to inherit if no one remains in the higher order due to death, lack of right to inherit, deprivation of the right to inherit, or renunciation of inheritance.”
Thus, persons in the same order of inheritance receive equal shares. Lower-order heirs only inherit if no one remains in the higher order due to death, lack of right, deprivation, or renunciation.
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
| STT | Content |
| 1 | Consultation and drafting of wills; |
| 2 | Consultation on general legal regulations regarding inheritance; |
| 3 | Consultation on inheritance by will; |
| 4 | Consultation on payment and division of inherited estate; |
| 5 | Consultation on forms of lawsuit to protect rights and interests; |
| 6 | Consultation on drafting lawsuit petitions and guidance on lawsuit procedures; |
| 7 | Assignment of attorneys to represent clients in filing complaints and protecting rights before competent authorities. |
The above is BKC Law’s article on the sequence and procedures for declaration of inheritance. To receive support in consultation and execution of inheritance division procedures to protect your legitimate rights and interests, please contact our attorneys immediately.
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