Inheritance under the law is a fundamental provision stipulated in the 2015 Civil Code, aiming to establish the rights and obligations of the parties involved in the transfer of assets of a deceased person (the testator) to their heirs. Inheritance under the law is applied according to the order of inheritance, conditions, and procedures specified by law. When a deceased person does not leave a will or the will is invalid, their property will be distributed according to the statutory order of inheritance. The system of inheritance includes family members such as spouses, children, parents, grandparents, and others as specifically regulated by law.

To protect the lawful rights of heirs, the 2015 Civil Code also clearly defines the rights to disclaim inheritance, the obligation to settle the debts of the deceased, and other benefits related to the inheritance. The division of inherited assets must comply with the legal provisions, ensuring fairness and reasonableness among the parties involved.

I. Cases of Inheritance Under the Law

There are three common cases where inheritance under the law applies:

• Absence or invalidity of a will: Inheritance under the law applies when there is no valid will or the will does not meet the legal requirements. Specifically, this includes cases where the deceased did not make a will or the will is deemed invalid under the law.
• Heirs specified in the will are unavailable: If the heirs designated in the will have passed away before or at the same time as the testator, or if the organizations or entities named as heirs no longer exist at the time the inheritance is opened, inheritance under the law will be implemented.
• Undistributed portions of the estate: Inheritance under the law also applies to portions of the estate not specified in the will, those linked to ineffective parts of the will, or where heirs under the will are ineligible to inherit, disclaim inheritance, or have died before or simultaneously with the testator. Additionally, it applies to portions of the estate related to organizations or entities that no longer exist at the time of opening the inheritance.

II. Legal Heirs

Legal heirs are individuals entitled to inherit from the deceased in cases where there is no will or the will is invalid. According to Vietnam’s 2015 Civil Code, the determination of heirs follows the statutory order of inheritance:

First order of inheritance: Includes children, spouses, and parents, all of whom are entitled to an equal share of the estate.

Second order of inheritance: Includes grandparents and siblings.

Third order of inheritance: May include grandchildren, uncles, aunts, and other specified relatives.

Legal heirs have the right to request the division of the inheritance according to the law, which includes claiming assets and settling financial obligations related to the inheritance. They also have the right to disclaim the inheritance if they wish or are unable to fulfill the associated financial obligations.

When a person passes away, family members must determine the legal heirs according to the law, evaluate the estate to determine its value and any associated financial obligations, and negotiate how to divide the inheritance. In cases of disputes, they may seek intervention from the court.

Determining legal heirs is critical in the process of dividing the inheritance. Legal provisions ensure the protection of heirs’ rights and fairness in asset distribution. Understanding the regulations on inheritance under the law is essential for stakeholders to exercise their rights and fulfill their obligations lawfully and effectively.

III. Principles of Inheritance Under the Law

The division of inheritance under the law is based on key principles to ensure the legitimate rights of the parties involved:

Fairness: All heirs in the same order of inheritance are entitled to an equal share of the estate, regardless of gender, age, or social status. For example, the children, spouse, and parents of the deceased all have equal inheritance rights in the first order of inheritance.

Protection of vulnerable individuals: In cases where the heirs include minors or individuals unable to work, their rights must be prioritized and protected.

Legality: The division of inheritance must comply with the current legal provisions. If there is a will, the estate will be distributed according to the terms of the will. If there is no will or the will is invalid, the estate will be divided under the law.

Timeliness: The estate can only be divided after the inheritance rights of each party have been clearly determined and the value of the estate has been assessed. This ensures that all parties involved are aware of their rights and obligations during the distribution process.

These principles not only protect the rights of the parties but also establish a solid legal framework for resolving inheritance disputes, facilitating the proper transfer of assets in accordance with the law.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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