Inheritance disputes are among the most complex legal issues, especially when involving joint wills of spouses and real estate assets. This article analyzes a typical case studied by Harley Miller Law Firm, helping you understand the importance of properly drafting a will.

Case Overview: When a Joint Will Between Spouses Leads to Dispute

The case at the Ho Chi Minh City High Court is a typical example of a complex inheritance dispute. The plaintiff, Mr. H, along with several relatives, sued Mr. G to invalidate the will and divide the inheritance.

The focal point of the dispute is the legal validity of the joint will of the spouses, which was drafted in 2007. The trial court ruled that the will was “illegal,” but the appellate court had a different interpretation.

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Serious Legal Errors Discovered

• Misunderstanding of the effective date of the joint will: According to Article 668 of the Civil Code 2005, a joint will between spouses only takes effect when both parties have passed away. When Mr. X died in 2010, Mr. T was still alive, so the will had not yet taken effect.
• Omission of parties in the proceedings: The trial court failed to include the members of Mr. G’s household in the proceedings, despite their names being listed in the compensation decision.
• Failure to consider efforts in managing the estate: Mr. G’s spouse had managed the property prior to 1995, but the trial court overlooked this factor.
• Judgment exceeding the scope of the lawsuit: The court declared the will “illegal” instead of merely assessing its validity.

Important Legal Lessons from the Case

1. Principles regarding joint wills of spouses: A joint will only takes effect when both spouses have passed away, thereby preventing incorrect application and disputes.
2. Rights of the household in compensation: Each member listed in the household registration at the time of land expropriation has rights and obligations related to compensation.
3. Value of efforts in managing the estate: Those who have contributed to preserving and maintaining the estate are entitled to material benefits when the estate is divided.
4. The importance of proper legal procedures: Violations in determining the scope of claims or omitting parties may result in the entire case being dismissed.

Why Do You Need Legal Advice from Harley Miller Law Firm?

This case highlights the complexity of inheritance disputes and the importance of having a team of professional lawyers. At Harley Miller Law Firm, we provide:

• Legal will drafting: Helping you avoid mistakes like those in the above case, ensuring your will is legally valid.
• Assistance with resolving inheritance disputes: Our experienced attorneys will protect your legal rights.
• Family asset management and division counseling: Helping to clearly identify joint, separate, and inherited assets to prevent future disputes.
• Representation in civil cases: Ensuring that legal procedures are strictly followed to avoid errors that could lead to the dismissal of the case.

Frequently Asked Questions About Wills and Inheritance

1. When does a joint will of spouses take effect?

When both parties who made the will have passed away, unless otherwise agreed.

2. What rights do individual members of a household entitled to compensation have?

Each member listed in the household registration at the time of land expropriation has rights and obligations related to the compensation amount.

3. Does the person caring for or managing the property have the right to inherit?

They are not automatically entitled to an inheritance, but their contributions and corresponding benefits may be considered.

4. Can a lawsuit be filed to invalidate a will while the testator is still alive?

No, because the will is not yet effective and cannot be challenged.

5. When will the court overturn a first-instance judgment?

When there are serious procedural violations, such as: ruling beyond the scope of the lawsuit, omitting a party, or failing to consider all evidence.

Conclusion

This case is a classic example of the complexity of inheritance disputes involving land, wills, and land compensation. Legal and procedural errors can lead to serious consequences.

Take proactive steps to protect your family’s assets and rights by seeking professional legal advice from Harley Miller Law Firm.

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HARLEY MILLER LAW FIRM

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