Inheritance rights are one of the basic rights of citizens that an heir is an individual who must alive at the time of opening the inheritance or being born and alive after the time of opening the inheritance. There is no limitation on beneficiaries of inheritance rights. Inheritors who are not individuals still have inheritance rights, however, this right is not automatically and must comply with the lawful will of the person leaving the inheritance. Therefore, the legal entity has the right to inherit and other related rights as an individual whether it had a testament that inheritance to the legal entity.
After opening the inheritance, the relevant persons must determine whether there is a legacy, whether the will or not, who is the heir. When there is a lawful testament, the inherited property is only divided among persons were mentioned in the testament. However, in some cases, if the testament does not grant the inheritance or the inheritance is less than two-thirds of that interest, the person may request co-inheritance or initiate a lawsuit to divide the inheritance to receive the entitlement the estate is equal to two-thirds of the interest of a lawful heir as a minor child, father, mother, wife or husband; children have become an adult without the working capacity of the testator. In addition, when the will mention the heirs, but do not specify the part of each heir, the estate is equally divided among those appointed in the testament, unless the heirs designate it.
In case of do not have the testament, the estate will be divided in accordance with the law on inheritance. Those who are entitled to inherit according to testament and do not according to testament must execute the procedures for declaration of inheritance at any notary office in the province, city or ward People’s Committee for The estate must register ownership, usually real estate.
In case of being the only heir, the inheritance shall be declared, otherwise in case of many other co-heirs that have to make an agreement on the division of inheritance. To execute these procedures, the person entitled to inheritance must make a personal relationship report at one of the agencies such as the notary office and the People’s Committee of the ward where they reside.
In case of one of the heirs refuse to accept the estate that has to make a written refusal to accept the estate must be submitted to accompany the dossier. The notary office or the people’s committee will then open the listing procedure for the property. After 15 days, if there were no disputes, complaints or denunciations arising from the estate, the notary public shall certify the written declaration of inheritance or agreement on the division of inheritance.
All of the above actions must be executed within a certain period of time called the statute of limitations for an inheritance, if were beyond which the person entitled to inheritance is deemed to have no right to take legal actions to request division inheritance. The Civil Code prescribes the statute of limitations for an heir to request the division of an estate to be 30 years for real estate and 10 years for movables, starting from the time of opening the inheritance. In cases where the property is managed by a person, regardless of whether it belongs to or inheritance, when the statute of limitations above has expired, the estate manager has ownership rights over the estate. If the estate has no manager, the possession belongs to the State.
However, the answer to the question if the person who owns the inheritance has passed the 30-year time limit for real estate and 10 years for the movables but how does the inheritance statute of limitations still exist? This case is an example in the case of a manager, possessing property for a long time ago, but then the Court decided to declare a person missing, so time management, possession may exceed the statute of limitations for which the statute of limitations for initiation of a claim for division of inheritance remains. Therefore, the possession of the estate for many years is no longer a prerequisite for deciding the property rights because the heir still has the right to inherit.
In addition, the beneficiary is the person who is responsible for fulfilling the property obligations within the scope of the estate left by the deceased person, unless otherwise agreed. It is understood that if the inheritance is greater than the property obligation of the estate heir, the inheritors are obligated to pay these obligations, where the inheritance is smaller than the case of the person leaving the estate shall be deemed to be such property to fulfill the obligations and have no inheritance.
In addition, an issue related to the inheritance that has not been specified by the law, it is clear that when inheriting the yield and income from the inheritance received by the heir. The question is whether the estate obligations left by the person leaving the estate have a right to use yield and income from the estate for payment? In our opinion, yields and income arising from an inheritance estate are part of future assets belonging to the inheritance, thus still have the right to use these benefits and profits to make payments of obligations of the person leaving the estate.
If you have any questions or require any additional information, please contact Apolat Legal – An International Law Firm in Viet Nam.
This article is for general information only and is not a substitute for legal advice.