Inheritance disputes are a common and complex issue in today’s society. These disputes often arise due to disagreements among family members regarding the division of the deceased’s assets. Currently, as the economy and society develop, the increase in land prices has led to a decline in human values. The more valuable houses and land become, the more common inheritance disputes related to land become. This is the root cause of many family tragedies. There have been numerous cases where siblings have conflicted, even killed each other, over a few meters of land, leaving behind tragic consequences and causing social unrest for a long time. So how are inheritance disputes resolved according to current law? Let’s clarify this in the following article.
1. Understanding Inheritance Disputes
Inheritance disputes often involve the division of the deceased’s assets, including land, houses, and other valuable properties. These disputes can become particularly intense when the assets are of high value or when there are many heirs with conflicting interests.
The causes of these disputes stem from various factors and reasons. Partly due to customs and traditions, a lack of legal knowledge, and people’s habits of not realizing the importance of making a will to dispose of their assets after death. Additionally, the downside of economic and social development has somewhat led to a decline in moral values and the bond between family members. People place material values above spiritual values, not emphasizing family affection. Therefore, disputes related to the division of inheritance often occur among siblings in the family, who cannot sit down to discuss and agree with each other, taking advantage of the ignorance of other heirs, or using their position as the eldest brother or sister to greedily claim more benefits for themselves. Some even exploit social relationships to manipulate the law to recognize the inheritance as their own by forging wills, signatures, family meeting minutes, and private donation documents…
Resolving inheritance disputes is a relatively complex and sensitive issue. The disputing parties often have blood relations, being siblings in the family.
2. Legal Issues Related to Resolving Inheritance Disputes
a. Subjects Entitled to File a Lawsuit for Inheritance Division
To file a lawsuit requesting the division of inheritance, the first thing to consider is who is entitled to inherit. According to current law, there are two forms of inheritance division: inheritance by will and inheritance by law.
Those entitled to inherit are designated in the will to receive the portion of the estate left by the deceased.
Those entitled to inherit by law in cases where the deceased did not leave a will or the will is invalid. These individuals are divided according to the order of inheritance.
Specifically, those entitled to inherit by law are stipulated in Article 651 in the following order:
- The first order of inheritance includes: the spouse, biological parents, adoptive parents, biological children, and adopted children of the deceased.
- The second order of inheritance includes: paternal grandparents, maternal grandparents, biological siblings of the deceased; biological grandchildren of the deceased whose grandparents are the deceased.
- The third order of inheritance includes: great-grandparents of the deceased; uncles, aunts, and cousins of the deceased; biological great-grandchildren of the deceased whose great-grandparents are the deceased.
Those in the same order of inheritance will receive equal shares of the inheritance. The principle of inheritance by law prioritizes the order of inheritance, with those in the subsequent order only inheriting if there are no individuals in the preceding order. Those in the preceding order may no longer exist due to death, lack of inheritance rights, being disinherited, or having refused the inheritance.
b. Legal Framework for Resolving Inheritance Disputes
One of the important provisions in the 2015 Civil Code is the right to inherit. Accordingly, every individual has the right to make a will to dispose of their assets after death. This right stems from the ownership rights protected by law, including possession, use, and disposal rights. Therefore, the asset owner has the right to leave their assets to others, and if there is no will, the assets will be left to the legal heirs (those with blood relations in the family of the deceased will be prioritized and protected by law).
Every individual, regardless of gender, age, social status, or religious belief, has the right to dispose of their assets to others and the right to inherit according to the will or by law from their relatives.
- Inheritance by Will
In cases of inheritance by will, the deceased had a written document disposing of their assets before death. At this time, the division of the estate must comply with the wishes and desires of the testator, as clearly stated in the will.
Additionally, the law also provides for cases where individuals will inherit regardless of the will’s content, such as: minors or adults who are unable to work will receive 2/3 of an inheritance share if their portion in the will is less. Those entitled to inherit by will but violating legal prohibitions will also be disinherited.
- Inheritance by Law
Inheritance by law arises when the deceased did not make a will, or the will is invalid. At this time, the estate will be divided according to the order of inheritance. The conditions and procedures for inheritance by law are stipulated in Article 651 of the 2015 Civil Code. Legal heirs are divided into orders of inheritance, and the order of inheritance determines the shares. Those in the same order will receive equal shares. Those in the subsequent order will inherit if there are no individuals in the preceding order alive, or if they have refused the inheritance, or have been disinherited.
Resolving inheritance disputes in Vietnam is governed by various legal documents, including the Civil Code and related decrees. Here are the main steps:
- Mediation: Before taking legal measures, parties are encouraged to resolve disputes through mediation. This is often the first step and can help avoid prolonged legal disputes.
- Administrative Resolution: If mediation fails, the dispute can be brought to the commune or district People’s Committee for administrative resolution. This includes investigation and official decisions by the authorities.
- Judicial Resolution: If parties are not satisfied with the administrative decision, they can file a lawsuit at the People’s Court. The court will review the case and make a binding decision.
c. Authorities Competent to Resolve Inheritance Disputes
According to Article 26 of the 2015 Civil Procedure Code, disputes over inheritance fall under the jurisdiction of the district-level People’s Court, except for cases involving foreign elements or assets, which fall under the jurisdiction of the provincial-level People’s Court.
Additionally, note:
- For disputes over real estate inheritance, jurisdiction belongs to the court where the real estate is located.
- For movable property inheritance, jurisdiction belongs to the court where the defendant resides or works. If there is a written agreement, parties can also request the court where the plaintiff resides or works to resolve the dispute.
Statute of Limitations for Filing Inheritance Dispute Lawsuits
Article 623 of the 2015 Civil Code stipulates the statute of limitations for filing inheritance dispute lawsuits. Accordingly, the statute of limitations for requesting the division of inheritance is 30 years for real estate and 10 years for movable property, from the time of inheritance opening. After this period, the estate will automatically belong to the person managing and using it. The time of inheritance opening is the time of the deceased’s death.
In summary, the root of all disputes related to inheritance division stems from family factors. If family members prioritize emotions over personal interests, have cohesion and love, there will be no room for disputes.
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_Nguyen Thu Phuong_