Resolving Inheritance Disputes

Inheritance disputes are complex legal issues that arise when disagreements occur among related parties regarding the inheritance rights to the property of a deceased person. These disputes may involve the determination of the validity of a will, the legality of the estate, or the rights of heirs under a will or under the law.

Resolving inheritance disputes is often complicated and sensitive because the parties involved usually have family or blood relationships. The following are some legal issues related to resolving inheritance disputes.

What Is an Estate in an Inheritance Dispute?

The concept of an inheritance estate is not specifically defined in a single legal document but is mainly mentioned through the listing of assets that constitute an estate.

Specifically, Article 612 of the Civil Code 2015 provides the following regulation regarding inheritance estates:

“Article 612. Estate

An estate includes the separate property of the deceased person and the portion of the deceased person’s property in jointly owned property with others.”

Accordingly, an inheritance estate may include assets such as objects, money, or other property, including real estate and movable property (houses, land, and constructions attached to land), as well as valuable papers.

Common types of assets included in inheritance estates may include money, gold, precious stones, jewelry, houses, residential land formed through purchase, donation, or inheritance, houses formed in the future, shares, securities, and other assets as prescribed by law.

Who Has the Right to Initiate an Inheritance Dispute?

Under Vietnamese law, inheritance is generally divided into two main forms: inheritance under a will and inheritance according to law.

Individuals designated in a will to inherit property are called heirs under the will. In cases where there is no will or the will is invalid or does not comply with legal requirements, inheritance according to law will apply, and the law will determine how the estate is distributed among the heirs.

According to Clause 1 Article 651 of the Civil Code 2015, heirs at law are determined based on the following order of inheritance:

The first line of heirs includes the spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased.

The second line of heirs includes paternal and maternal grandparents, biological siblings of the deceased, and grandchildren of the deceased whose parent is the child of the deceased.

The third line of heirs includes great-grandparents, uncles, aunts, and other extended relatives, as well as great-grandchildren of the deceased.

Accordingly, individuals belonging to the three lines of heirs mentioned above have the right to initiate a lawsuit to request the court to resolve disputes related to the division of inheritance.

Procedures for Filing a Lawsuit to Resolve an Inheritance Dispute Without a Will

Step 1: Determine the Competent Court

The first step is to determine the court with jurisdiction to resolve the inheritance dispute.

For inheritance disputes involving movable property, jurisdiction belongs to the court where the defendant resides or works.

For disputes involving real estate such as houses or land, jurisdiction belongs to the court where the real estate is located.

This regulation is provided under Article 39 of the Civil Procedure Code 2015.

Step 2: Prepare the Lawsuit Dossier

The claimant must prepare the following documents:

• A lawsuit petition (Form No. 23-DS issued under Resolution 01/2017/NQ-HĐTP)

• Citizen Identification Card or Identity Card

• Documents and evidence supporting the claim and related to the case, such as the death certificate of the deceased, a list of inherited assets, the will (if any), documents relating to houses or land, and documents proving the relationship between the deceased and the heirs.

This requirement is provided under Article 189 of the Civil Procedure Code 2015.

Step 3: Submit the Petition and Court Acceptance

The claimant may submit the lawsuit petition to the court through one of the following methods:

• Submitting directly at the court

• Sending by postal service

• Submitting electronically through the court’s online portal (if available)

After receiving the petition, the court will issue a confirmation of receipt. If the petition is sent by postal service, the court will notify the claimant within two working days.

Within three working days from receiving the petition, the Chief Justice will assign a judge to review the case. The judge must review the petition and decide whether to accept the case within five days.

These procedures are provided under Article 190 and Article 191 of the Civil Procedure Code 2015.

Step 4: Trial Preparation

The time limit for preparing a case for first-instance trial is no more than four months. For complicated cases, this period may be extended for an additional two months.

This regulation is provided under Article 203 of the Civil Procedure Code 2015.

Step 5: First-Instance Trial

If the case does not fall under circumstances requiring temporary suspension or termination, the court will bring the case to trial.

After the trial, several legal procedures may occur, including appeals or protests under appellate procedures, or review procedures such as cassation or reopening.

If no appeal, protest, or review procedure is filed, the judgment will become legally effective.

However, even when a judgment takes effect, the losing party may not voluntarily comply. In such cases, the winning party must request civil judgment enforcement, pay enforcement fees, and request the civil enforcement authority to execute the judgment.

Inheritance Dispute Resolution Services at BKC Law

BKC Law provides professional legal services to assist clients in resolving inheritance disputes and matters related to the division of inherited assets in a fair, lawful, and efficient manner.

With a team of experienced and highly qualified lawyers, BKC Law offers comprehensive legal consultation on inheritance regulations, helping clients clearly understand their legal rights and the necessary steps to protect their interests.

Our services include resolving family inheritance disputes, dividing inherited property, representing clients in court proceedings, and providing legal advice on drafting wills and inheritance agreements.

BKC Law is committed to protecting the legitimate rights and interests of clients while ensuring that all legal procedures are carried out in strict compliance with Vietnamese law.

Contact Us

Phone: 0901 333 341
Email: info@bkclaw.vn

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

Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Ho Chi Minh City

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