Legal Q&A on Inheritance Rights

(Baonghean) - 1. Parents had two children, Mr. A and his sister, Ms. B. Mr. A married and lived with his parents in their hometown. Ms. B and her husband worked far from home. In 2002, Ms. B passed away. Ms. B had four children (including one child from a previous relationship). In 2004, Mr. A's mother passed away, and in 2009, his father also passed away, but neither left a will. The land use right certificate is still in the names of Mr. A's parents. Currently, Mr. A wants to transfer the land use right certificate from his parents' names to his own, but Ms. B's children object. They argue that they are entitled to a portion of the inheritance from their deceased mother.

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Ask:Is it right or wrong for Mrs. B's children to request a share of the inheritance? If their request is right, what is the value of their share of the inheritance?

Reply:

Article 677 of the 2005 Civil Code stipulates the following regarding inheritance by representation: “In the case where a child of the deceased dies before or at the same time as the deceased, the grandchild shall inherit the share of the inheritance that their father or mother would have received if they were still alive; if the grandchild also dies before or at the same time as the deceased, the great-grandchild shall inherit the share of the inheritance that their father or mother would have received if they were still alive.”

Accordingly, since his sister passed away in 2002 (before his parents), Ms. B's children would inherit by representation her share of the inheritance. Therefore, Ms. B's children's request for the division of the inheritance is justified.

The value of the inherited assets each person will receive is as follows:

Since his parents did not leave a will upon their death, the inheritance will be divided according to the law. First, the order of inheritance must be determined. Article 676 of the 2005 Civil Code stipulates that the first order of inheritance includes: spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased. Heirs in the same order are entitled to equal shares of the inheritance. Accordingly, the first order of inheritance, as in his case, includes him and Mrs. B. Each is entitled to 1/2 of the inheritance. Since Mrs. B has passed away, her share will be divided equally among her four children, without distinction between biological and stepchildren.

Because he lived with his parents and was responsible for caring for and protecting the inherited estate, in addition to his share of the inheritance, he is also entitled to a portion of the estate's value corresponding to his efforts in caring for it.

2. Ms. A stated: My grandmother had three sons, all of whom have established families and stable residences. She lived with my family on a 900m2 plot of land. Due to old age and poor health, in 1996 she made a will, leaving the entire plot to my father. Unfortunately, my father passed away suddenly in 1997. My grandmother also passed away in 1998. Currently, my uncles are demanding that my mother divide my grandmother's inheritance.

Ask:Is my grandmother's will, made for my father, legally valid? Do my uncles have the right to claim a share of the inheritance?

Reply:

Article 667 of the 2005 Civil Code stipulates the legal effect of wills:

1. A will takes legal effect from the time the inheritance is opened.

2. A will is wholly or partially invalid in the following cases:

a) The beneficiary named in the will dies before or at the same time as the testator.

The time of inheritance opening is the time when the testator dies. In your case, the time of inheritance opening was 1998, when your grandmother passed away. However, at the time of inheritance opening, your father had already passed away a year earlier. Therefore, the will your grandmother made to dispose of all her assets to your father is not legally effective and has no legal value. Thus, in this case, the inheritance will not be divided according to your grandmother's will made in 1996, but according to the provisions of inheritance law, and the heirs will be determined according to the order of inheritance. Therefore, your uncles have the right to claim a share of the inheritance.

The inheritance was opened in 1998. Therefore, it is necessary to note the statute of limitations for filing a lawsuit to request the division of the inheritance. Article 645 of the 2005 Civil Code stipulates that the statute of limitations for an heir to file a lawsuit to request the division of the inheritance, confirm their inheritance rights, or reject the inheritance rights of others is ten years from the time the inheritance was opened. As of now, the statute of limitations for filing a lawsuit to request the division of the inheritance has expired. Therefore, your uncles no longer have the right to file a lawsuit and will proceed with the request to divide the common property. Point 2.4, Article 2, Section I of Resolution No. 02/2004/NQ-HĐTP dated August 10, 2004, of the Council of Judges of the Supreme People's Court stipulates: If, within ten years from the time of opening the inheritance, the co-heirs do not dispute their inheritance rights and jointly confirm in writing that they are co-heirs, or if, after the expiration of ten years, the co-heirs do not dispute the inheritance and all acknowledge that the deceased's estate has not yet been divided, then that estate becomes the common property of the heirs. When a dispute arises and a court is requested to resolve it, the statute of limitations for inheritance rights does not apply; instead, the provisions of the law on the division of common property are applied to resolve the dispute.

Trong Hai & Associates Law Office