LEGAL SERVICES FOR DECLARATION AND ACCEPTANCE OF INHERITANCE UNDER A WILL (LATEST REGULATIONS)

Navigating the declaration and acceptance of inheritance under a will requires strict compliance with the latest legal regulations, making professional legal support essential to protect your lawful rights and interests.

LEGAL BASIS 

Civil Law Code No. 91/2015/QH13;

Relevant Decrees, Circulars, and other guiding legal documents.

CERTAIN LEGAL ISSUES RELATING TO THE DISTRIBUTION OF AN ESTATE IN ACCORDANCE WITH THE WILL

The will must be determined to be legally valid

In order to carry out the procedure for the distribution of an estate in accordance with a will, it is first necessary to determine whether the will left by the deceased is lawful (legally valid).

A will is the expression of an individual’s intent to transfer his or her property to another person after death. Persons having the right to make a will include:

• A testator who, at the time of making the will, is of sound mind and full capacity, and is not deceived, threatened, or coerced, has the right to make a will to dispose of his or her property.
• A person from full 15 years of age to under 18 years of age may make a will, provided that such will is made with the consent of his or her parents or legal guardian.

A testator has the following rights:

• To designate heirs and to disinherit an heir;
• To allocate specific portions of the estate to each heir;
• To set aside a portion of the estate for making a bequest or for worship purposes;
• To impose obligations on heirs;
• To appoint the custodian of the will, the administrator of the estate, and the person responsible for distributing the estate.

Currently, the law recognizes only two forms of wills: written wills and oral wills.

With respect to written wills, Article 628 of the Civil Code 2015 provides that a written will may take the following forms:

• A written will without witnesses;
• A written will with witnesses;
• A notarized written will;
• A certified written will.

With respect to oral wills, the Civil Code 2015 clearly provides that where a person’s life is threatened by death and it is impossible to make a written will, an oral will may be made. If, after three (03) months from the date on which the oral will is made, the testator remains alive and of sound mind, the oral will shall automatically become null and void.

Accordingly, making a written will is always the preferred option. An oral will is permitted only where the life of the person leaving the estate is threatened and it is impossible to make a written will. However, if after 03 months from the date the oral will is made the testator is still alive and of sound mind, such oral will shall automatically be revoked.

To carry out the procedure for the distribution of an estate in accordance with a will, the will must be lawful. Pursuant to Article 630 of the Civil Code 2015, a will is deemed lawful if and only if all of the following conditions are fully satisfied:

• The testator must be of sound mind and full capacity at the time of making the will, and must not be deceived, threatened, or coerced.
• The contents of the will must not violate any prohibitions of law or contravene social ethics, and the form of the will must comply with the provisions of law.

A will made by a person from full 15 years of age to under 18 years of age must be made in writing and must have the consent of his or her parents or legal guardian.

A will made by a person with physical disabilities or by an illiterate person must be made in writing by a witness and must be notarized or certified.

A written will without notarization or certification shall be deemed lawful only if the testator is of sound mind and full capacity at the time of making the will, is not deceived, threatened, or coerced, and the contents and form of the will do not violate the provisions of law or social ethics.

An oral will shall be deemed lawful if the testator expresses his or her final wishes in the presence of at least two witnesses, and immediately thereafter, the witnesses record such wishes in writing and sign or affix their fingerprints thereto. Within 05 working days from the date the testator expresses his or her final wishes, the oral will must be notarized or certified by a notary public or a competent authority, confirming the signatures or fingerprints of the witnesses.

Procedures for the Distribution of an Estate in Accordance with a Will 

Vietnamese law respects the right of individuals, as owners, to freely dispose of their property. Accordingly, prior to death, an individual has the right to determine to whom his or her property shall be transferred, in accordance with his or her wishes as expressed in a duly made will.

Upon the death of the testator, the will becomes effective, and the persons entitled to inherit under the will may proceed with the procedures for the declaration and receipt of the inherited estate in accordance with the provisions of law.

However, in addition to satisfying the conditions set out above, persons carrying out the procedure for the distribution of an estate in accordance with a will should take into consideration cases where the testator has heirs who are entitled to a compulsory portion of the estate, irrespective of the contents of the will. Such heirs include: minor children; parents; spouse; and adult children who lack working capacity.

In such cases, the declaration and receipt of the inherited estate must involve not only the heirs designated in the will, but also the aforementioned compulsory heirs, or their lawful representatives (in the case of minors or persons lacking civil act capacity).

DOSSIER FOR THE DECLARATION AND RECEIPT OF AN INHERITED ESTATE IN ACCORDANCE WITH A WILL 

– Death Certificate of the decedent;

– The Will;

– Certificate of ownership and/or land use rights (where the estate includes real property);

– Documents evidencing personal and familial relationships, including: identity card/citizen identification card, birth certificate, and household registration book of the beneficiaries under the will.

PROCEDURE FOR THE DISTRIBUTION OF AN INHERITED ESTATE PURSUANT TO A WILL 

Case 1: Assets Not Subject to Mandatory Ownership Registration

With respect to assets for which the law does not require registration for the establishment of ownership rights, immediately after the announcement of the will, the heirs are entitled to proceed with the distribution of such assets.

Case 2: Assets Subject to Mandatory Ownership and/or Use Rights Registration

With respect to assets that, pursuant to law, are required to be registered in order to establish ownership or use rights of the asset owner, such as real property (houses and land) and means of transport, the heirs shall carry out the procedure for the declaration and receipt of the inherited estate in accordance with the will at a notary office.

After the completion of the declaration procedures, including the examination of the legal validity of the will, the review of documents and records relating to the estate, the personal identification documents of the deceased, and the personal identification documents of the beneficiaries under the will, the notary office shall carry out the public posting procedure regarding the distribution of the estate in accordance with the will.

Such public posting shall be made at the People’s Committee of the commune or ward where the property is located, in the case of real property, or at the place of the deceased’s last residence. If no dispute or objection is raised by any third party in relation to the distribution of the estate, the notary office shall proceed with the declaration and receipt of the inherited estate in accordance with the contents of the will.

Upon completion of the declaration and receipt of the inherited estate at the notary office, the heirs shall submit the relevant dossiers to the competent authorities for the assessment of taxes and fees and for the registration of transfer of ownership of the inherited assets.

Specifically:

• Where the inherited assets are houses or land, the dossier shall be submitted to the Land Registration Office where the property is located in order to carry out the procedure for transferring the land use right certificate and ownership of houses from the deceased to the heirs.
• Where the inherited assets are other assets subject to registration, the dossier shall be submitted to the competent licensing authority and the tax authority for the assessment of taxes and registration fees related to the transfer of ownership.

CONFIDENTIALITY

All information, communications, documents, and agreements exchanged between the Parties shall be kept strictly confidential and shall only be disclosed to any third party with the prior written consent of both Parties.

LEGAL SERVICES FOR CONSULTATION ON THE DISTRIBUTION OF AN INHERITED ESTATE PURSUANT TO A WILL PROVIDED BY HUY HOANG LAW FIRM

The foregoing constitutes the entire legal consultation provided by Huy Hoang Law Firm in relation to the distribution of an inherited estate pursuant to a will, based on the applicable provisions of law and the information supplied by the Client.

We hope that this consultation will assist the Client in gaining a clearer understanding of his/her rights and obligations in the course of the estate distribution process, as well as provide a solid legal basis for carrying out the relevant procedures in a lawful and efficient manner.

Should the Client have any further questions, require additional clarification, or wish to engage in more specialized legal services (including drafting legal documents, representation in dispute resolution, or carrying out procedures for the declaration and receipt of an inherited estate), please do not hesitate to contact us using the information provided below.

Huy Hoang Law Firm

📞 Telephone: +84 944 580 222
📧 Email: tuvan@luathuyhoang.vn
🌐 Website: https://luathuyhoang.vn/
🏢 Address: 2nd Floor, Lot 5, Block 54, Alley 85 Ha Dinh, Khuong Dinh Ward, Hanoi, Hanoi, Vietnam