What is inheritance? Who has the right to inherit according to the law? How is the right of inheritance from a legal perspective understood? Inheritance related issues?
Inheritance is basically understood as the fact that the living person inherits and inherits the property and ownership of the property left by the deceased. So from a legal perspective, how is inheritance defined? Inheritance under the definition of law is understood as the transfer of property ownership from a deceased person to a living person in the form of leaving a will or as prescribed by law when this person dies. . So who has the right to leave an inheritance as well as who has the right to inherit the inheritance left there.
1. What is inheritance?
Inheritance is one of the basic rights of citizens. The right of inheritance is recognized by the laws of countries around the world. Inheritance rights include the following rights: the right to make a will to dispose of your property after death, the right to leave your property to your heirs according to your will and the right to enjoy that part of the estate. according to the will or according to the provisions of law of the beneficiary. Therefore, the issues related to inheritance rights include the following basic contents:
First, about the object of inheritance:
Regarding the subject matter of the right of inheritance, from a legal perspective, it is understood as the property owned by the deceased or the property rights of the deceased that the deceased is a lawful user leaving to the living person.
According to the provisions of Article 115 of the Civil Code 2015, property rights are rights valued in money, including property rights to objects, intellectual property rights, land use rights and other property rights. So what is the property mentioned here understood to include? Article 105 of the 2015 Civil Code stipulates that property is objects, money, valuable papers and property rights. Assets referred to here include real estate and movables. Real estate and movables can be existing assets and non-existing assets that will be formed in the future.
Second, about the subject of inheritance:
Regarding the subject of the inheritance rights in this case, it includes the rights of the estate leavers and the rights of the recipients of the estate.
The first problem is the inheritance rights of the people who leave the estate:
According to the 2015 Civil Code, every individual has the right to dispose of his or her property, expressed in a will before his death. All individuals are equal in inheritance rights, regardless of male, female, or age. People, ethnicity, religion, socio-political status… all have the right to leave their property to others and the right to inherit according to the will or the law. Vietnamese law protects the inheritance rights of testators in two forms: through a will to leave before death or according to specific provisions of law in case there is no will.
In case there is a will left by the deceased, the division of the estate must comply with the will of the testator as clearly stated in the will. Share to whom? What is split inheritance? And divided by how much? This division both shows respect for the will of the deceased and is the most equitable way to settle the estate to avoid unnecessary disputes later on.
In case the deceased person does not have a will, the division of the estate will comply with the provisions of the law on inheritance in the Civil Code 2015.
The second issue is the inheritance rights of the recipients of the estate:
Depending on whether the deceased left a will or not, the recipient of the estate is also divided into two cases: the first is the recipient of the estate according to the will and the second is the recipient of the estate according to the law. Every individual has the right to inherit and receive an estate in case he is eligible to receive an estate according to law or to receive an estate according to a will.
In case the recipients of the estate according to the will, based on their inheritance rights, they will be entitled to the part of the estate left by the deceased in accordance with the terms recorded in the will.
In case the recipients of the estate according to the provisions of law, based on the inheritance line to determine the part of the estate that they will receive.
In addition, the heir who is the recipient of the estate also has the right to refuse to receive his/her part of the estate, whether in the case of receiving the estate according to law or receiving the estate according to the will if the denial of the right to inherit the estate of the heir in accordance with the conditions prescribed by law. The refusal of the right to inherit the inheritance of an heir is regulated by the effective time limit of the waiver, the form and procedure for denying the right to inherit the estate, and the case in which there is no right to refuse the right to inherit the estate. The right to refuse to receive an inheritance is permitted by law if it conforms to the conditions, principles and time limit prescribed in Article 620 of the Civil Code 2015.
Refusal to inherit the right to inherit according to will or under the law is also an expression of the inheritance right, the will of the person designated to inherit according to the will or according to the law has not accepted the inheritance at the discretion of the leave a legacy. In case an heir under the will is concurrently a legal heir who is entitled to an estate, the expression of that person’s will may occur in the following cases:
In the first case, the heir only refuses the right to inherit according to the will, but not the right to inherit according to the law.
In the second case, the recipient inheritance only refuse the right to inherit according to the law without denying the right to inherit according to the will.
In the third case, the heir denies both the right to inherit according to the will and the right to inherit according to the law.
However, the exercise of this right by the person entitled to the inheritance shall only be accepted by law within 6 months from the date of opening the inheritance; If, past the aforesaid time limit, the new estate beneficiary expresses his/her opinion on the refusal to receive the estate, their refusal to receive the estate will not be accepted by law and accordingly the inheritor forced to accept their inheritance because it is the “right of inheritance”.
The above are all specific analyzes based on the provisions of the law on inheritance rights and the provisions of the law on the subjects entitled to inherit the right of inheritance. Hopefully, this article of Duong Gia Law can bring extremely useful information to readers so that readers can better understand the legal knowledge on this issue.
2. Mother-in-law’s inheritance rights to her son’s inheritance:
My husband passed away in 2019, now me and my 2 daughters are living on a 500m2 piece of land with a red book named after me as my wife and my husband is the owner of the land. But now my mother-in-law wants to sell half of that land to divide the property between her two daughters who are married. So, can I ask my mother-in-law if I have the right to sell this land?
First, your mother does not have the right to sell of the above land (250m .)2) because:
According to the provisions of Article 676 of the Civil Code on the legal inheritance as follows:
“first. The legal heirs are specified in the following order:
a) The first line of inheritance includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
b) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, grandmother, biological brother, sister, biological brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
c) The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchild of the deceased and the deceased person’s biological uncle, uncle, aunt, biological aunt, biological aunt or great-grandchild of the deceased, and the deceased person is a paternal or maternal great-grandfather.
2. The heirs of the same row shall enjoy an equal share of the estate.
3. The people in the next line of heirs are entitled to inherit only if there is no one in the previous line of heirs because they have died, have no right to inherit, are disqualified from enjoying the estate or refuse to receive the estate.”
Thus, in your case, the following people will be co-heirs of ½ of that land: you, your husband’s 2 children, your mother-in-law, your father-in-law (if still alive). Each person will receive an equal share. Assuming your father-in-law is no longer alive, then of the land owned by you and your wife (now your husband’s legacy) will be divided into 4 equal parts, you and your 2 daughters will enjoy 3 parts, your mother-in-law only gets 1 part. That means your mother can only sell part of her inheritance.
3. Right to inherit property between husband and wife:
According to the provisions of the Civil Code, husband and wife may make joint wills to dispose of common property; Husband and wife may amend, supplement, replace or cancel their joint will at any time. When a spouse wishes to amend, supplement, replace or annul a joint will, the other’s consent must be obtained; if one person has died, the other person can only amend and supplement the will related to his/her part of the property.
A joint will of husband and wife takes effect from the time of death of the last person or at the time of death of both husband and wife.
Husband and wife have the right to inherit each other’s property in accordance with the law on inheritance. When a spouse dies or is declared dead by the court, the surviving party shall manage the husband and wife’s common property, unless the will appoints another person to manage the estate or the heirs agree to appoint another person to manage the estate. someone else administers the estate.
In the case of requesting the division of the inherited estate where the division of the estate seriously affects the life of the surviving spouse and family, the surviving party has the right to request the Court to determine the portion of the estate that the surviving spouses have. the inheritance is entitled to but has not yet distributed the estate within a certain period of time; if the time limit determined by the court expires or the surviving party has married another person, the other heirs have the right to request the court to divide the inheritance.
Spouses are entitled to a share of the estate equal to two-thirds of that of an heir at law, if the estate is divided according to law, in case they are not allowed to inherit the estate by their husband or wife, or only to enjoy less than two-thirds of that share of the estate, unless the spouses refuse to receive the estate as prescribed in Article 642 or are those who do not have the right to inherit the estate as prescribed in Clause 1, Article 643 of the Civil Code. the.
Inheritance in cases where husband and wife have divided common property, are applying for divorce, or are married to another person is prescribed as follows:
– In case the husband and wife have divided the common property while the marriage is still in existence, but then one of them dies, the surviving person will still inherit the estate.
– In case a husband or wife applies for a divorce but has not yet been granted a divorce or has been granted a divorce by the court with a judgment or decision that has not yet taken legal effect, if one of them dies, the surviving person will still inherit the estate.
– A person who is a wife or husband of a person at the time of his/her death, even if he later marries another person, he/she still inherits the estate.
4. Inheritance to real estate abroad:
Hello lawyer! Ask a lawyer to help you with the following case: I have a single aunt who has lived in Cambodia for more than 10 years. Just passed away now. Siblings and siblings in Vietnam have passed through the funeral at her aunt’s house in Cambodia. Then bring the remains to Vietnam for burial. It is known that her aunt has a house and land in Cambodia. Please ask her lawyer if she can go to Cambodia to sell her house and land. If yes, how. Thank you very much lawyer. ?
In this case, it can be seen that if your aunt is in Cambodia and has died here, has property as house and land here, if there is no will, the legal inheritance must be determined by the law of the place where the person left it. Heritage has nationality, because it is not clear whether your aunt in Cambodia is Vietnamese or Cambodian or has both nationality, so it will depend on that to determine. At the same time, the right of inheritance ie who has the right to inherit this estate will be determined by the place where the real estate is located ie according to the laws of Cambodia. In this case, it is necessary to consider whether Cambodian law allows your aunt’s brothers and sisters to enjoy the right of inheritance, if not, they will not have the right to inherit, if so, they will follow the procedure prescribed by law. Cambodian law provides for the exercise of this right.
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