Bình (name changed), a Canadian citizen of Vietnamese origin, asked DEDICA:
"My father passed away in Ho Chi Minh City, leaving a house registered in his name and no will. My siblings in Vietnam each want something different: the one living in the house wants to keep it, another wants to sell and split the proceeds, so we have been deadlocked for years. I live in Canada and can rarely return, and I worry about being shut out. How should we resolve this dispute, and am I required to come back to Vietnam to sue?"
DEDICA ADVISES When a family is in dispute over an estate, Vietnamese law offers you two paths: the co-heirs reach their own agreement on the division and have it notarized, or, where no agreement is possible, one of them sues to ask the court to divide the estate. Because your father left no will, you, as his child, belong to the first rank of heirs and are entitled to a share equal to your siblings', regardless of your nationality. Nor are you required to return to Vietnam: you may authorize a lawyer in the country to negotiate or litigate on your behalf. The most important thing to remember is not to let the limitation period lapse.
Your rights and how an estate is divided when there is no will
Where the deceased leaves no will, the estate is divided under the law among the heirs by rank, with each heir of the same rank receiving an equal share.
This means that you and your siblings each hold an equal share in the house; no one, not even the sibling living there, may treat it as their own. It is also worth correcting a common misconception: holding foreign nationality does not strip you of your inheritance rights in Vietnam. Nationality affects only the form in which you receive real estate: depending on whether you are of Vietnamese origin or a foreign national, you may be able to hold title on the certificate, or to receive your share in value (by selling and taking the proceeds). This is precisely where you want a lawyer to map out the right approach from the outset.
And if you cannot settle matters among yourselves, you still have a way out: inheritance disputes fall within the jurisdiction of the courts.
Steps to resolve the dispute while you are abroad
For a case with a foreign element such as yours, the process usually runs as follows:
- Gather the full documentation and identify the heirs and the estate. You will need your father's death certificate, documents proving the father-child relationship, and the ownership certificate (sổ hồng, the Vietnamese property title) for the house. Documents issued by foreign authorities must be consular-legalized and accompanied by a notarized translation before they can be used in Vietnam.
- Prioritize negotiation and mediation within the family. If you can agree on how to divide the estate (for example, one person takes the house and pays the others the difference, or the house is sold and the proceeds split), the parties draw up an agreement on the division of the estate and have it notarized; this is the fastest and least costly route.
A notarized division document is the basis for transferring title to the house to the person entitled to it. The public-posting step protects you: if someone deliberately leaves a co-heir out, you have the chance to object before the division is finalized.
- If you cannot reach an agreement, or you have been left out, then sue to divide the estate. Where someone refuses to cooperate, or the co-heirs in Vietnam have completed the estate declaration themselves while omitting you, you have the right to sue and ask the court to divide it (or to divide it again). A dispute over real estate is heard by the court where the property is located; because your case has a foreign element, jurisdiction lies with the Provincial People's Court (under the court structure in effect from 1 July 2025; ordinary domestic disputes are heard by the Regional People's Court).
- Authorize a Vietnamese lawyer to handle everything from A to Z. You need not be present: your lawyer can negotiate with the co-heirs, carry out the notarization procedures, deal with the bank and state agencies, or represent you in the proceedings, and then arrange to remit your share of the estate to you abroad.
Conclusion
In short, where your father left no will, you are a first-rank heir entitled to a share of the house equal to your siblings', even as a Canadian citizen. To break the current deadlock: (1) gather and consular-legalize your documents; (2) first try to agree on the division and have it notarized; (3) if no agreement is possible or you have been left out, sue to divide the estate before the competent court, and always keep an eye on the limitation period. Most importantly, you do not have to fly back to Vietnam to protect your share: you can authorize a lawyer to handle the entire matter and remit the result to you.
If the co-heirs are deadlocked or you suspect you are being shut out of the division, DEDICA can act under a power of attorney: negotiating with the co-heirs, carrying out the notarized division, or filing and pursuing the estate-division case in court on your behalf, and then arranging to remit the value of your inheritance to you abroad. Contact DEDICA to have our lawyers review your file and advise on the right approach for your family's specific situation.
This content is for reference only; every case has its own facts, so please consult a DEDICA lawyer for advice tailored to your situation.
