Resolution of inheritance disputes in Ho Chi Minh City.

Nowadays, disputes over property in general, and inheritance disputes in particular, are very common. For disputes where both parties act in good faith, negotiation and mediation are possible. However, many disputes are so severe that negotiation is impossible, sometimes leading to serious and tragic consequences, not only causing property damage but also resulting in the loss of human life. There are various ways to resolve inheritance disputes, but ensuring the rights of co-heirs while harmoniously resolving relationships is by no means simple.

So, how are the procedures and processes for resolving inheritance disputes regulated? The following article by BKC Law Firm presents them clearly and in detail as follows:

I. General Overview of Inheritance of Estate

What is Inheritance?

Inheritance is the transfer of ownership rights to property from a deceased person to living persons, also known as heirs.

What is an Inheritance Dispute?

It refers to conflicts or disagreements over interests among parties in an inheritance relationship. Typically, inheritance disputes involve issues such as: disputes over the estate, division of the estate, lines of succession, and interpretations of the contents of a will.

What is an Estate?

The estate is the portion of property left by the deceased, including both movable and immovable property.

II. Jurisdiction over Inheritance Disputes:

Jurisdiction over inheritance disputes falls under the authority of the court as stipulated in Clause 5, Article 26 of the Civil Procedure Code 2015, which provides for civil disputes under the court’s jurisdiction, including: “Disputes over inheritance of property.”

III. Statute of Limitations for Initiating Lawsuits on Inheritance Disputes:

The statute of limitations for inheritance is stipulated in Article 623 of the Civil Code 2015 as follows:

“1. The statute of limitations for an heir to request division of the estate is 30 years for immovable property and 10 years for movable property, commencing from the time of opening of inheritance. Upon expiry of this period, the estate shall belong to the heir who is managing the estate. In the absence of an heir managing the estate, the estate shall be handled as follows:

a) The estate shall belong to the person possessing it in accordance with Article 236 of this Code;

b) The estate shall belong to the State if there is no possessor as provided in point a of this clause.

2. The statute of limitations for an heir to request confirmation of his/her inheritance rights or to repudiate the inheritance rights of another person is 10 years from the time of opening of inheritance.

3. The statute of limitations for requesting an heir to perform property obligations left by the deceased is 03 years from the time of opening of inheritance.”

Pursuant to the above provisions, the statute of limitations is the prescribed period for initiating a lawsuit to resolve inheritance disputes. Upon expiry, the plaintiff loses the right to sue, leading to subsequent legal consequences.

So, when is the time of opening of inheritance calculated? This is stipulated in Clause 1, Article 611 of the Civil Code 2015 as follows: “The time of opening of inheritance is the time when the person with property dies. In case a court declares a person dead, the time of opening of inheritance is the date determined under Clause 2, Article 71 of this Code.”

Currently, there are two forms of inheriting the estate: inheritance by will or by law, as provided in Article 609 of the Civil Code 2015: “An individual has the right to make a will to dispose of his/her property; to leave his/her property to heirs by law; to inherit the estate by will or by law.”

From the two forms of inheritance above, if the heirs cannot reach agreement on matters related to inheriting the estate, an inheritance dispute will arise.

IV. The Most Common Types of Inheritance Disputes Today.

1. Disputes over the Contents of a Will:

In cases where the contents of the will are unclear or subject to multiple interpretations, the heirs by will must jointly interpret the will’s contents based on the true intentions of the deceased. If the heirs by will cannot agree on the interpretation, they have the right to request the court to resolve it pursuant to Article 648 of the Civil Code 2015, which provides: “In case the contents of the will are unclear, leading to multiple interpretations, the heirs by will must jointly interpret the will’s contents based on the true intentions of the deceased, taking into account the relationship between the deceased and the heirs by will. If these persons cannot agree on the interpretation of the will’s contents, they have the right to request the Court to resolve…”

When resolving disputes over inheritance by will, the court must also examine whether the will is valid and lawful under the law.

+ Validity of the Will:

• The will has no effect if the estate bequeathed to the heir no longer exists at the time of opening of inheritance.
• If the heir by will dies before or at the same time as the testator, the will has no effect.
• When a person leaves multiple wills regarding the same property, only the latest will has effect.

These issues are regulated in points a Clause 2, Clause 3, and Clause 5, Article 643 of the Civil Code 2015.

+ Lawful Will:

Pursuant to Clause 1, Article 630 of the Civil Code 2015, a lawful will must satisfy the following conditions:

“a) The testator is lucid and sober when making the will; not deceived, threatened, or coerced;

b) The contents of the will do not violate prohibitions of law or social ethics; the form of the will does not contravene legal provisions.”

Pursuant to the above, the testator must be lucid, not suffering from mental illness, and not deceived, threatened, or coerced. The contents and form of the will must also comply with legal requirements.

Note: In cases where the will does not name the following persons, they are still entitled to inherit the estate at two-thirds of the share of an heir by law, including: minor children, parents, spouse, or adult children lacking working capacity, as provided in Article 644 of the Civil Code 2015.

2. Disputes over Confirmation or Repudiation of Inheritance Rights:

First, it is necessary to determine who has inheritance rights by law. Determining co-heirs’ blood relations with the deceased can be complex. When heirs lose or lack documents proving blood relations with the deceased, confirming such relations and entitlement to the estate share is very difficult. If the parties cannot determine this, they have the right to request the court to resolve it. At the same time, the law stipulates heirs by law as follows:

Pursuant to Clause 1, Article 651 of the Civil Code 2015:

“1. Heirs by law are determined in the following order:

a) First line of succession includes: spouse, natural parents, adoptive parents, natural children, adopted children of the deceased;

b) Second line of succession includes: paternal grandparents, maternal grandparents, siblings of the deceased; nieces/nephews of the deceased where the deceased is the paternal/maternal grandparent;

c) Third line of succession includes: great-grandparents of the deceased; uncles, aunts, nephews/nieces of the deceased where the deceased is the uncle/aunt; great-nieces/nephews of the deceased where the deceased is the great-grandparent.”

3. Disputes over Division of the Estate:

When an individual dies leaving property, such property shall be divided among those entitled to inherit. If there is a will, division follows the will; if no will or the will is unlawful, division follows the law as provided in Article 650 of the Civil Code 2015.

When dividing by law, priority is given to agreement among co-heirs on estate division. If co-heirs cannot agree, they have the right to request the court to resolve it.

Division is also regulated fairly by law as provided in Clause 2, Article 651 of the Civil Code 2015: “Heirs in the same line shall receive equal shares of the estate.”

V. Documents Required for Filing an Inheritance Dispute Lawsuit:

• Petition (according to the form)
• Death certificate of the person leaving the estate.
• Documents proving the relationship between the plaintiff and the person leaving the estate.
• Documents and evidence proving ownership rights to the property of the person leaving the estate.
• List declaring the properties left by the deceased.

Procedure for Initiating a Lawsuit to Resolve Inheritance Disputes:

Step 1: Submit the lawsuit file to the court

The plaintiff submits the petition and supporting documents/evidence to prove the grounded nature of the claims.

Step 2: The plaintiff pays the advance court fee as prescribed by law

Upon the court’s notice to pay the advance court fee, the plaintiff must pay and submit the receipt to the court.

Step 3: The court issues a notice of case acceptance

After the plaintiff completes payment of the advance court fee, the court issues a notice of case acceptance.

Step 4: The court proceeds with procedures to resolve the case according to the plaintiff’s request.

The above is BKC Law Firm’s article on the procedures and processes for resolving inheritance disputes. For support, consultation, and execution of estate division procedures to protect your legitimate rights and interests, please contact our Lawyers immediately.

For additional information and free consultation from BKC Law’s Lawyers, please contact:

Telephone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City

Binh Tan Office: 41 Ten Lua, Binh Tan District, Ho Chi Minh City