Demystifying Deprivation of Inheritance Rights in Vietnam: A Comprehensive Guide

Inheritance, a fundamental concept in family life and property organization, involves the transfer of assets from one generation to the next. While inheritance rights are generally protected, certain circumstances can lead to their deprivation. This guide, powered by NT International Law Firm, dives deep into the legal framework surrounding deprivation of inheritance rights in Vietnam, empowering you with knowledge and insights.

Demystifying Deprivation of Inheritance Rights in Vietnam: A Comprehensive Guide

Understanding Inheritance in Vietnam:

Two primary forms of inheritance exist in Vietnam:

1. Inheritance by Will (Article 624 of the 2015 Civil Code): This empowers the testator (the person leaving the estate) to dictate the distribution of assets through a written will. The will specifies recipients, shares, and conditions, granting the testator significant control over their legacy.

2. Inheritance by Law (Article 649 of the 2015 Civil Code): In the absence of a will, the law establishes a hierarchy of inheritance, prioritizing certain relatives like children and spouses. This ensures a fair and predictable distribution of assets when the testator’s wishes are not explicitly stated.

Deprivation of Inheritance Rights: A Legal Definition:

Deprivation of inheritance rights occurs when a legally eligible heir loses their entitlement to inherit due to specific actions or circumstances. The 2015 Civil Code clearly defines such situations (Clause 1, Article 621):

1. Intentional Harm to the Testator: Acts endangering the life, health, or dignity of the testator, including serious maltreatment or torture, can lead to disinheritance.

2. Violation of Care Obligations: Wilful neglect in providing necessary care for the testator, a fundamental duty of an heir, constitutes grounds for deprivation.

3. Heir-on-Heir Violence: Intentionally harming another heir to gain a larger share of the inheritance is a reprehensible act that can result in disinheritance.

4. Will Manipulation or Obstruction: Deceiving, coercing, or preventing the testator from making a will, or engaging in activities like forging, altering, or concealing a will, are all actionable offenses that can lead to deprivation.

Legal Basis and Implications:

The Civil Code’s provisions safeguard the testator’s rights and prevent exploitation. For instance, a child who mistreats or endangers their parent to hasten their inheritance would be denied their rightful share. This ensures fairness and protects the testator’s autonomy and dignity.

Important Notes to Remember:

• Deprivation only applies to those who hold legal inheritance rights. It cannot be invoked against individuals who are not eligible to inherit in the first place.
• Deprivation must be confirmed by a court. Engaging in legal proceedings is crucial to determine if the heir has forfeited their inheritance rights.
• Seeking legal counsel from a qualified family law attorney is highly recommended when disputes arise or complex situations require expert guidance.

Moving Forward with Clarity:

Understanding the legal framework surrounding deprivation of inheritance rights empowers individuals to navigate complex family situations with knowledge and confidence. NT International Law Firm is committed to providing comprehensive legal support and guidance in all matters related to inheritance and family law. Should you require legal assistance, do not hesitate to contact us.

NT International Law Firm is Here to Help

NT International Law Firm is Here to Help

NT International Law Firm has addressed the question of whether you can disinherit someone. If you have any further questions or concerns regarding family law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English
• The 2014 Law On Marriage and Family in English