Inheritance disputes in Vietnam

Inheritance is the transfer of ownership of property from the deceased to the heirs. Inheritance includes inheritance according to will and inheritance according to law. When dividing the inheritance, in many cases, disagreements occurred between the heirs, giving rise to disputes. This article is intended to share common issues related to inheritance disputes in Vietnam.

Types of inheritance disputes in Vietnam

On the basis of the provisions of law and practice of dispute settlement of inheritance cases, inheritance disputes can be divided into the following four types:

Disputes about division of inheritance in Vietnam

This kind of dispute arises on the basis of a request to divide the inheritance of one, some or all of the heirs. This dispute often involves considering the legitimacy of the will (in the case of an estate leaver who has a will), considering the contributions of the heirs who are managing the estate, disagreeing on the valuation of inherited property, dispute over whether the property to be divided is an inheritance or not, etc.

Disputes about confirming the inheritance rights of the heirs in Vietnam

This kind of dispute arises on the basis of a request to confirm the inheritance rights of one or several people. For example, an illegitimate child requires confirmation of his/her inheritance rights to the estate left by his/her biological father or a case where the inheritance right between a stepchild and a stepfather or stepmother is considered.

Disputes about rejection of inheritance rights in Vietnam

This kind of dispute arises from a request to protest another person’s inheritance right. An heir will be disqualified from inheriting an inheritance in the following cases:

– Persons convicted of having intentionally caused the death of or harmed the health of the deceased, of having seriously mistreated or tortured the deceased, or of having harmed the honor or dignity of the deceased;

– Persons having seriously breached their duty to support the deceased;

– Persons convicted of having intentionally caused the death of another heir in order to obtain all or part of the entitlement of such other heir to the estate;

– Persons deceiving, coercing or obstructing the deceased with respect to the making of the will, or forging, altering or destroying the will in order to obtain all or part of the estate contrary to the wishes of the deceased.

Disputes about forcing the heir to perform property obligations left by the deceased, to pay expenses from the estate in Vietnam

For the property obligations of the person leaving the estate before death, the heirs are responsible for using the inheritance to pay. If the heirs fail to perform their payment obligations, the obligee may initiate a lawsuit to require the heirs to perform the obligations on the property of the deceased within the estate left by the deceased.

Prescriptive periods with respect to inheritance in Vietnam

Prescriptive periods with respect to inheritance in Vietnam

Each type of inheritance dispute has its own prescriptive periods with respect, upon the expiration of which, the involved parties lose the right to initiate a lawsuit, specifically as follows:

– The prescriptive period with respect to a claim of an heir for distribution of an estate shall be thirty years regarding immovable property or ten years regarding movable property from the time of commencement of the inheritance. Upon the expiry date of the aforesaid period, the estate shall belong to the estate administrator.

– The prescriptive period with respect to a claim of an heir for a declaration of right of inheritance of the requester or to disallow the claim to inheritance of another shall be ten years from the time of commencement of the inheritance.

– The prescriptive period with respect to a claim for an heir to fulfill property obligations of the deceased shall be three years from the time of commencement of the inheritance.

What is the time of commencement of the inheritance in Vietnam?

The time of of commencement of the inheritance is the time when the person leaving the estate dies. In case a person is declared dead by the Court, the time of of commencement of the inheritance is the date of death as determined in the effective decision of the Court.

Inheritance dispute lawsuit file in Vietnam

The file that the petitioner needs to prepare to submit to the competent court to request the settlement of the inheritance dispute includes the following papers:

– Petition.

– Death certificate of the person leaving the inheritance.

– Will (if any).

– Documents proving the legal heir: birth certificate, marriage registration certificate, household registration book, adoption certificate, …

– A declaration of the estates left by the deceased.

–  A declaration of refusal to receive inheritance (if any).

– Papers proving the ownership of the deceased’s property (for inherited properties must be registered as prescribed by law).

– Personal identification papers of the petitioner, of the defendant and of those with related interests and obligations in the case: identity card, etc.

Procedures for initiating lawsuits for inheritance disputes in Vietnam

Step 1. File lawsuit at Court

The petitioner shall submit a lawsuit petition and documents, evidences to prove the lawsuit claim (as mentioned above) to the competent Court. The petitioner can file the lawsuit directly at the receiving department of the Court or send it by post.

Step 2. Accept the case

If the file is valid and the case falls under the jurisdiction of the Court, the Court will issue a notice requesting the plaintiff to pay a court fee advance.

After paying the court fee advance at the judgment enforcement agency, the plaintiff shall return the payment receipt to the court.

After receiving the receipt of the payment of the court fee advance, the Court shall issue a notice of acceptance of the case.

Step 3. Prepare for trial

During the trial preparation stage, the Court proceeds to take testimonies of the involved parties; take measures to collect evidence; open a meeting to examine the handover, access and disclosure of evidences and conciliation; carry out on-site review, valuation, entrustment of evidence collection (if necessary).

Step 4. The trial

The court opens a trial to settle the dispute.