Inheritance dispute resolution in Ho Chi Minh City

Currently, property disputes in general, and inheritance dispute resolution in particular, are increasingly common. In cases where both parties act in good faith, disputes can be settled through negotiation and mediation. However, many disputes become so severe that negotiation is impossible, leading to serious and heartbreaking consequences—not only causing financial loss but even costing human lives.

There are various ways to resolve inheritance disputes, but ensuring the rights of all heirs while maintaining harmonious relationships is a challenging task.

So, what are the procedures for resolving inheritance disputes? The following article, presented by BKC Law Firm, provides a clear and detailed explanation.

Overview of inheritance and estate succession

What is inheritance?
Inheritance refers to the transfer of ownership rights to assets from a deceased person to living individuals, also known as heirs.

What is an inheritance dispute?
An inheritance dispute arises from conflicts of interest among parties involved in inheritance matters. Common disputes include conflicts over inherited assets, the division of an estate, the order of inheritance, and the interpretation of a will.

What is an estate?
An estate consists of the assets left behind by a deceased person, including both movable and immovable properties.

Jurisdiction over inheritance disputes

The jurisdiction for resolving inheritance disputes falls under the authority of the courts, as stipulated in Clause 5, Article 26 of the 2015 Civil Procedure Code, which states that “Disputes over inheritance of property” are within the jurisdiction of the court.

Statute of limitations for filing an inheritance dispute lawsuit

According to Article 623 of the 2015 Civil Code, the statute of limitations for inheritance claims is as follows:

“1. The statute of limitations for an heir to request the division of an estate is 30 years for real estate and 10 years for movable assets, starting from the opening of the inheritance. After this period, the estate belongs to the heir managing the estate. If no heir is managing the estate, it will be handled as follows:

a) The estate will belong to the person in possession according to Article 236 of this Code;
b) If no such person exists, the estate will belong to the State.

2. The statute of limitations for an heir to request recognition of their inheritance rights or to dispute another person’s inheritance rights is 10 years from the opening of the inheritance.

3. The statute of limitations for requesting an heir to fulfill financial obligations of the deceased is 3 years from the opening of the inheritance.”

The opening of an inheritance is defined in Clause 1, Article 611 of the 2015 Civil Code as “the time of the death of the asset owner. If a court declares a person deceased, the opening of the inheritance is determined according to Clause 2, Article 71 of this Code.”

Currently, there are two types of inheritance: by will or by law, as specified in Article 609 of the 2015 Civil Code:

“An individual has the right to make a will to distribute their assets, leave their assets to heirs according to the law, or inherit according to a will or the law.”

If the heirs cannot reach an agreement on inheritance-related matters, a dispute will arise.

Common types of inheritance disputes

Disputes over the contents of a will

If the contents of a will are unclear or open to multiple interpretations, the heirs must collectively clarify the will’s meaning based on the true intent of the deceased. If they cannot agree, they may request the court’s intervention, as stated in Article 648 of the 2015 Civil Code:

“If the contents of a will are unclear and lead to different interpretations, the heirs must explain the will based on the true intent of the deceased, considering the deceased’s relationship with the heirs. If they cannot agree, they may request the court’s resolution.”

When resolving a will-related inheritance dispute, the court must determine whether the will is valid and lawful.

• Validity of a will:
  • A will is invalid if the bequeathed estate no longer exists at the time of inheritance.
  • If the heir named in the will dies before or at the same time as the testator, the will becomes invalid.
  • If multiple wills exist for the same asset, only the most recent one is valid.

These conditions are stipulated in Clause 2(a), Clause 3, and Clause 5 of Article 643 of the 2015 Civil Code.

• Legal requirements for a valid will:

According to Clause 1, Article 630 of the 2015 Civil Code, a legally valid will must meet the following conditions:

“a) The testator must be mentally sound, fully conscious, and not deceived, threatened, or coerced when making the will;
b) The content of the will must not violate legal prohibitions or social ethics; the form of the will must comply with legal regulations.”

Additionally, according to Article 644 of the 2015 Civil Code, certain individuals, such as minor children, parents, spouses, or adult children incapable of working, are entitled to two-thirds of the legal inheritance share, even if they are not named in the will.

Disputes over inheritance rights

Determining who has inheritance rights can be complex, particularly when an heir lacks documentation proving their relationship with the deceased. If the parties cannot agree, they may request the court’s resolution.

The 2015 Civil Code, Article 651, stipulates the legal heirs as follows:

“1. Legal heirs are determined in the following order:

a) First-degree heirs: spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased;
b) Second-degree heirs: paternal and maternal grandparents, siblings, and grandchildren (if the deceased is their grandparent);
c) Third-degree heirs: great-grandparents, uncles, aunts, nephews, and great-grandchildren of the deceased.”

Disputes over estate distribution

If a person dies, their assets are distributed to their legal heirs. If there is a valid will, the estate is divided accordingly. If no will exists or the will is invalid, the estate is divided according to the law, as per Article 650 of the 2015 Civil Code.

Heirs are encouraged to reach an agreement on estate distribution. If they cannot, they may request court intervention. The law ensures fair division, as stated in Clause 2, Article 651 of the 2015 Civil Code:

“Heirs of the same degree shall receive equal shares of the inheritance.”

Lawsuit filing process for inheritance disputes

Required documents for filing a lawsuit

• Lawsuit petition (following court template)
• Death certificate of the deceased
• Documents proving the relationship between the claimant and the deceased
• Documents proving the deceased’s ownership of the assets
• Inventory of the deceased’s assets

Steps for filing an inheritance dispute lawsuit

Step 1: Submit the lawsuit petition to the court
The claimant submits the lawsuit petition along with supporting documents and evidence.

Step 2: Pay the court fee advance
Upon receiving a court notice, the claimant must pay the required court fee and submit the payment receipt to the court.

Step 3: The court issues a case acceptance notice
After the court receives the court fee payment, it will issue a case acceptance notice.

Step 4: The court proceeds with case resolution
The court will follow legal procedures to resolve the case based on the claimant’s request.

This article by BKC Law Firm outlines the procedures for resolving inheritance disputes. For assistance in inheritance distribution and legal protection, contact our lawyers today.

For further legal consultation and free support from BKC Law, please contact us:

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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