Sunlaw Lawyers will guide the regulations on inheritance according to the law and the subject identified as the first heir. At the same time, we will guide customers on how to resolve cases requiring division of inheritance and actual land use rights for readers to refer to and apply.

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1. Who are the legal heirs?

Article 651 of the 2015 Civil Code stipulates that heirs under the law include:

  1. The legal heirs are prescribed in the following order:
  2. a) The first line of inheritance includes: spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased;
  3. b) The second line of inheritance includes: grandparents, maternal grandparents, siblings of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, grandfather, grandmother;
  4. c) The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; aunt, uncle, uncle, aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, paternal uncle, paternal aunt, paternal uncle, paternal aunt; The deceased’s great-grandchildren are paternal and maternal great-grandchildren.
  5. Heirs of the same line are entitled to equal shares of the inheritance.
  6. Those in the next line of inheritance are only entitled to inherit the inheritance if there is no one left in the previous line of inheritance because they do not have the right to enjoy the inheritance, have been disqualified from inheriting the inheritance, have died or refused to receive the inheritance.

When is it necessary to divide inheritance according to law?

2. The division of inheritance will apply according to law in the cases specified in Article 650 of the 2015 Civil Code.

Inheritance by law applies in the following cases:

a) The person dies without leaving a will.

b) The deceased left a will but it was not legal.

c) The heirs under the will died before or at the same time as the testator; The agency or organization entitled to inherit under the will no longer exists at the time of opening the inheritance;

d) People designated as heirs under the will refuse to receive the inheritance or do not have the right to receive the inheritance.

Inheritance by law also applies to the following inheritance:

a) The portion of the estate not specified in the will;

b) The portion of the estate related to the part of the will is not legally effective;

c) The inheritance is related to the heirs according to the will but they do not have the right to enjoy the inheritance, died at the same time as the testator or refused to receive the inheritance; related to the agency or organization that is entitled to the inheritance according to the will, but that organization no longer exists at the time of opening the inheritance.

3. How to divide inheritance according to law?

Procedures for dividing inheritance according to law are carried out based on the legal basis of Articles 611 to 660 of the Civil Code No. 91/2015/QH13, detailed content is as follows:

✔ Determine the time and place to open the inheritance (Start dividing the inheritance)

Article 611 of the 2015 Civil Code stipulates:

  1. The time to open the inheritance is the time after the person with the property dies. In case the Court declares a person dead, the time of opening the inheritance is the date determined in Clause 2, Article 71 of this Code.
  2. The place where the inheritance is opened is the last residence of the person leaving the estate; If the final place of residence cannot be determined, the location for opening the inheritance is the place where the entire estate is located or where the majority of the estate is located.

✔ Which assets are divided into inheritance?

Article 612: Estate includes the deceased person’s personal property and the deceased person’s property in common property with others.

✔ Is the person being considered in the line of distributed inheritance?

+ Article 613 of the 2015 Civil Code stipulates:

An heir is an individual who must be alive at the time of opening the inheritance or born and alive after the time of opening the inheritance but conceived before the death of the person leaving the inheritance. In case the heir under the will is an organization, it must exist at the time of opening the inheritance.

+ Article 660 of the Civil Code stipulates

  1. When dividing the inheritance, if there is an heir in the same row who is pregnant but not yet born, a portion of the inheritance must be reserved equal to the portion that another heir is entitled to, so that if that heir is still alive when born, he or she will inherit; If he dies before birth, the other heirs will receive that share.
  2. Heirs have the right to request division of the estate in kind; If it is not possible to divide equally in kind, they can agree on the valuation of the kind and agree on the recipient of the kind; If no agreement can be reached, the object will be sold and divided.

4. Instructions on how to divide inheritance assets and land use rights in practice

Applying the provisions of the 2015 Civil Code mentioned above when resolving a case of actual division of inheritance is as follows:

Mr. Nguyen Van Ha has a wife, 2 children, 1 son and 1 daughter, of whom 1 is disabled and the daughter is married. Mr. Ha has a piece of land in Nha Trang worth 6 billion, the red book is in his name. In 2019, Mr. Ha died suddenly without leaving a will.

In this case, the procedure for dividing Mr. Ha’s inheritance will be resolved as follows:

  1. If the person leaving the inheritance dies without a will, the provisions in Point a, Clause 1, Article 650 of the 2015 Civil Code shall apply, and Mr. Ha’s inheritance will be divided according to the law.
  2. Regarding the disposition of Mr. Ha’s assets when dividing inheritance:

The inheritance is a piece of land in Nha Trang worth 6 billion, although it is in Mr. Ha’s name, there are still 2 hypotheses:

– Suppose when extracting information about the land plot, it is determined that this is the common property of Mr. Ha and his wife, then the inheritance is only half of the value of the land plot, equivalent to 3 billion.

– Suppose when extracting information about the plot of land, it is determined that this is Mr. Ha’s private property, then the inheritance is the entire said plot of land.

  1. Determine who is entitled to inheritance according to law

Pursuant to the provisions of Article 651, Mr. Ha’s wife and two children are all in the first line of inheritance and no one is in a situation where they are not entitled to receive inheritance. Therefore, the inheritance will be divided equally among 3 people (2 billion people). The division of inheritance is not because the disabled person or the married girl is considered to receive more.

When customers read the instructions on how to divide inheritance, they can see that giving directions for dividing inheritance according to the law is not difficult, but in reality there are always more complicated situations that lead to dispute over inheritance rights.

For example, real cases that SUNLAW Law has resolved include:

  1. Some people have the outdated idea that when the husband dies, all the property belongs to the wife, so dividing it among the children is considered like mother giving to her children. This leads to sometimes mothers only giving their children small portions or giving them unequal shares.
  2. The inheritance has a civil obligation that must be completed as before the surviving owner mortgaged it to the bank. Therefore, the beneficiary must be responsible for fulfilling their obligations to the bank. In addition, because the land is mortgaged, it is difficult to notarize the division of inheritance.
  3. The beneficiary refuses the inheritance, or wants to receive more, so he or she files a lawsuit asking the Court to divide the inheritance.

Above are instructions on how to divide inheritance according to the law of SUNLAW Law. For any requests for assistance or resolution of inheritance division disputes, please contact the Lawyer today at 0932263419 for specific advice.

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