9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
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An inheritance dispute is a complex legal issue that arises when there is a disagreement among involved parties regarding the inheritance rights of a deceased person’s assets. These disputes may involve the validity of a will, the legality of the estate, or the rights of heirs according to a will or legal succession. Resolving inheritance disputes is legally intricate and sensitive since the involved parties are often family members or relatives. Below are some legal insights into handling these disputes.
The concept of an inherited estate is not explicitly defined in any legal document but is generally outlined through the listing of assets that constitute an estate. According to article 612 of the 2015 Civil Code:
“Article 612. Estate
An estate includes the private property of the deceased and the portion of the deceased’s property in joint ownership with others.”
Thus, an estate can include physical assets, money, and other valuable properties such as real estate, personal belongings, and securities. Common examples of inherited assets include cash, gold, jewelry, houses, land acquired through purchase, gift, or inheritance, as well as stocks, bonds, and other legal assets.
Under Vietnamese law, inheritance is categorized into two main types: inheritance by will and inheritance by law. Those designated in a will are called heirs by will. In cases where no will exists or the will is legally invalid, inheritance follows legal succession, which determines how the estate is divided among heirs.
Article 651 of the 2015 Civil Code specifies the order of legal heirs:
“1. Legal heirs are determined in the following order:
a) First-order heirs: spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased.
b) Second-order heirs: paternal and maternal grandparents, biological siblings, and biological grandchildren (where the deceased is their grandparent).
c) Third-order heirs: great-grandparents, uncles, aunts, and cousins (where the deceased is their uncle, aunt, or great-grandparent).
Accordingly, individuals from these three inheritance orders have the right to file a lawsuit for inheritance dispute resolution.
The process of resolving inheritance disputes involves several legal steps, as outlined in the table below:
| Step | Action | Legal basis |
|---|---|---|
| Step 1: Determine the competent court | – If the dispute involves movable assets, the court with jurisdiction is the one where the defendant resides or works. – If the dispute involves immovable property (such as land or houses), the court with jurisdiction is where the property is located. |
Article 39 of the 2015 Civil Procedure Code |
| Step 2: Prepare lawsuit documents | – Lawsuit petition (using form no. 23-DS issued under resolution 01/2017/NQ-HĐTP). – Citizen identification or identity card. – Documents and evidence supporting the lawsuit, such as the death certificate of the deceased, asset inventory, will (if available), property documents, and proof of the relationship between the deceased and the heir. |
Article 189 of the 2015 Civil Procedure Code |
| Step 3: Submit the lawsuit and court acceptance | – The lawsuit can be submitted directly at the court, sent via postal service, or submitted online through the court’s electronic portal (if available). – Upon receiving the lawsuit, the court issues a confirmation to the plaintiff. If sent via postal service, confirmation is provided within two working days. – Within three working days, the chief judge assigns a judge to review the lawsuit, who must assess and accept the case within five days. |
Articles 190(1) and 191(1) of the 2015 Civil Procedure Code |
| Step 4: Trial preparation | The preliminary trial preparation period is up to four months, extendable by two months for complex cases. | Article 203 of the 2015 Civil Procedure Code |
| Step 5: First-instance trial | – If the case is not suspended or dismissed, the court will conduct the trial. – After the trial, parties may appeal or request a review. If no appeal or review is filed, the judgment becomes legally binding. – If the losing party does not voluntarily comply, enforcement proceedings may be initiated. |
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BKC Law provides professional assistance in resolving inheritance disputes, ensuring fair, legal, and timely division of estates. Our experienced lawyers offer comprehensive legal consultation on inheritance laws, guiding clients through their rights and necessary procedures. Our services include mediation for family disputes, asset distribution, court representation, and advice on drafting wills and legal inheritance contracts.
BKC Law is committed to protecting clients’ legal rights and ensuring all procedures comply with legal regulations.
Contact us
For free legal advice at BKC Law, please contact our lawyers using the following information:
Phone: 0901 3333 41
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City
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This article is intended to provide general information only and is not intended to provide any architectural solution ideas for any specific case. The legal regulations cited in the article were in effect at the time of posting but may have expired by the time you read it. BKC Law recommends that you consult a professional/lawyer before applying.
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41 Ten Lua, 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