Three options of distribution of estates in accordance with law of Vietnam

Three options of distribution of estates in accordance with civil law of Vietnam.

1. Definition of inheritance at law

Inheritance  at  law  means  inheritance  in  accordance  with  the  order  of  priority  of  inheritance  and  the conditions and procedures of inheritance provided by law.

2. Cases of inheritance at law

Inheritance at law shall apply in the following cases:
(a) There is no will;
(b) The will is unlawful;
(c) All heirs under the will died prior to or at the  same time  as the  testator  dying,  or the  bodies or organizations  which  are  entitled  to  inherit  under  the  will  no  longer  exist  at  the  time  of commencement of the inheritance;
(d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the right to inherit.
(e) Parts of an estate in respect of which no disposition has been made in the will;
(f) Parts of an estate related to an ineffective part of the will;
(g) Parts  of  an  estate  related  to  heirs  under  the  will  not  having  the  right  to  inherit,  having disclaimed the  right to  inherit,  or having died prior to  or at the  same time as the  testator  dying; and parts of an estate related to  bodies or organizations entitled to inherit  under the will but no longer existing at the time of commencement of the inheritance.

The heirs have the right to implement the procedures prescribed by law to distribute the estates. There are three options to distribute estates in accordance with civil law of Vietnam as follows:

- The first option: Meeting the heirs to agree the following contents: Appointment of an estate administrator, a distributor of the estate, determining the powers and obligations of such persons, if the testator has failed to mention in the wills; The method of distribution of the estate complies with Article 681 of the Civil Code 2005. The heirs can go together to a notary public office in the locality where the real estate located to request the distribution of the estates. However, to perform this way, they must have the consent of all heirs.

- The second option: Suing for distribution of the estates. When initiated a lawsuit, it should be aware of the statutes of limitations on inheritance.
The application of the provisions of the law on the statute of limitations relating to inheritance shall comply with the guidance in Resolution No.02/2004/NQ-HĐTP dated 10 August 2004 of Judge”s Council of Supreme People’s Court. Accordingly, in case of inheritance commenced before 01 July 1996, the statute of limitations on inheritance shall comply with the provisions of Article 36 of the Ordinance on inheritance 1990 and the guidance in Resolution 02/HĐTP dated 19 October 1990 of the Judge’s Council of the Supreme People”s Court "guiding the application of some provisions of the Ordinance on Inheritance". Specifically: "Within ten years, from the time of commencement of the inheritance, the heirs have the right to sue for the distribution of the estates, determining their rights to inheritance or inheritance rights of others are disallowed" (under Article 36 of Ordinance No.44-LCT/HDNN8 dated 30 August 1990 of State Council on inheritance).

- The third option: Suing for distribution of the common properties.
According to the guidelines in Resolution No.02/2004/NQ-HĐTP dated 10 August 2004, if within ten years from the time of commencement of the inheritance that the heirs had no disputes about the rights to inheritance and had written determination that they were co-heirs or after the expiration of ten years that the co-heirs had not disputed on level of heirs and acknowledged that the estates have not distributed, such estates will become the common property of the heirs. When there is a dispute and request the court to settle shall not apply the statute of limitations on the right to inherit, but applies the provisions of the law on common property distribution to solve and should be distinguished as follows:
+ if having the wills that co-heirs are not in dispute and reach agreement on the distribution of property will be made by wills when required property distribution, the distribution of such common property is implemented by wills.
+ If having no wills but the co-heirs reached agreement on their part enjoyed when property distribution requires, the distribution of such common property will be done in accordance with their agreement.
+ If having no wills and co-heirs did not reach agreement on their part enjoyed when the property distribution requires, the distribution of such common property will be done in accordance with the provisions of the law on distribution of common properties.

These are provisions of existing civil laws of Vietnam relating to three options of distribution of estates.

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