PRINCIPLES OF INHERITANCE DISTRIBUTION UNDER CURRENT VIETNAMESE LAW

Inheritance distribution is a crucial step to ensure the legitimate rights of heirs after the death of the estate owner. In this article, ADVN Law will help you understand the principles of inheritance division by will, by law, and specific cases where individuals may still inherit even if not named in the will.

1. Principles of Inheritance Distribution by Will

According to Articles 624 to 644 of the 2015 Civil Code, if the deceased left a valid will, the estate shall be divided in accordance with the contents of the will. However, there are certain individuals who are entitled to a portion of the estate regardless of the will’s content, as regulated in:

Article 644 – Heirs Not Dependent on the Contents of the Will:

The following individuals are entitled to two-thirds of the lawful inheritance share, even if they are not named or receive less in the will:

· Minor children;

· Spouse, father, or mother;

· Adult children who are incapable of working.

- Note: This provision does not apply if the person refuses the inheritance or is legally disqualified from inheriting.

2. Realistic Example of Inheritance Distribution

Scenario: Mrs. B and Mr. A are married and jointly own VND 600 million. They have two children, C (15 years old) and D (20 years old, capable of working). Mrs. B has an additional VND 100 million as separate property, a child from a previous relationship (E, 17 years old), and her biological mother (F).

Before her death, Mrs. B prepared a will leaving her entire estate to E.

Analysis:

· The joint property of A and B is VND 600 million → Each owns VND 300 million.

· Mrs. B has an additional VND 100 million of personal property.

· Total estate left by Mrs. B: 300 + 100 = VND 400 million.

In this case:

· E receives inheritance as designated in the will.

· C, being a minor child, is entitled to a compulsory portion equivalent to two-thirds of a lawful inheritance share, regardless of the will.

· Other lawful heirs in the first priority group include: husband (A), child (D), child (E), and mother (F) — applicable if the estate is distributed by law.

- Therefore, C’s lawful portion must be allocated first before distributing the remaining estate to E per the will.

3. Principles of Inheritance Distribution by Law

As per Articles 650 to 652 of the Civil Code, inheritance distribution by law applies when:

· There is no will;

· The will is not legally valid;

· Heirs named in the will have passed away or refuse the inheritance;

· The will does not cover the entire estate.

- If Mrs. B’s will is invalid or partially void, the estate shall be distributed based on legal succession order:

Article 651 – Statutory Order of Heirs:

· First group: Spouse, parents, biological or adopted children;

· Second group: Grandparents, siblings;

· Third group: Great-grandparents, aunts, uncles, nieces, nephews...

- Heirs within the same group inherit equal shares. Lower-order heirs inherit only if there is no one left in the higher group.

- Conclusion

Inheritance distribution requires careful identification of assets, lawful heirs, and validity of the will. In some cases, people not named in the will may still be legally entitled to inherit under Vietnamese law.

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