In the context of modern society, the right to freely dispose of property through a will is recognized and protected by Vietnamese law. However, the legislature has established certain limitations to ensure the interests of vulnerable groups in society.
Article 644 of the 2015 Civil Code is one of the provisions that clearly reflects the humanitarian nature of Vietnam’s legal system, particularly in protecting the inheritance rights of the most vulnerable individuals.
Inheritance and wills in Vietnamese law
By law, inheritance is the process of transferring property from a deceased person (the testator) to a living person (the heir). Vietnamese law recognizes two basic forms of inheritance: testamentary inheritance and intestate inheritance.
A will is considered an important legal document that reflects the testator’s wishes regarding the distribution of their assets after their death. This is an expression of the right to freely dispose of one’s property, which is protected by law.
It is important to note that not all provisions in a will are enforced absolutely. The law has established special cases where inheritance rights are guaranteed even if they are not mentioned in the will.
Content and scope of application of Article 644 of the Civil Code 2015
Article 644 of the Civil Code 2015 specifically stipulates the “Right to inherit property regardless of the contents of the will.” Accordingly, heirs who are entitled to inherit under the law in the first order of inheritance shall still receive two-thirds of the legal share of the inheritance if they fall under one of the following categories:
- Minors
- Adults who are unable to work
- Persons without sufficient assets to support themselves who have a blood relationship with the testator
A key feature is that this provision applies even if the will does not mention these individuals or only allocates them less than two-thirds of their statutory share of the estate.
Guidelines for protecting the rights of heirs
To ensure their legitimate rights, heirs eligible for protection under Article 644 of the 2015 Civil Code must take the following steps:
- Determine inheritance status: Prove that they are eligible to inherit under the first order of inheritance and fall under one of the categories specified
- Collect evidence: Prepare all necessary documents proving blood relations, health status, working capacity, or financial status
- File an inheritance claim within the statute of limitations: Note that the statute of limitations for inheritance claims is 10 years from the date of inheritance opening
- Consulting with experts: In complex cases, seeking the advice of a specialized lawyer is highly recommended
Common issues
Who is an heir not dependent on a will?
According to Article 644 of the Civil Code 2015, these are minors, adults who are unable to work, or individuals who do not have sufficient assets to support themselves and have a blood relationship with the testator.
Is the right to inherit without a will an absolute right?
No. This right is only protected when the heir falls under the special category specified in Article 644 and the portion of the estate they receive is not less than two-thirds of what they would have received if inheriting under the law.
What does the court base its determination on to establish that an heir is unable to work?
The court will rely on a certificate from the competent medical authority, the heir’s age, actual circumstances, and their ability to support themselves.
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