Mr. Hung, an overseas Vietnamese living in Australia, asked DEDICA:
"My parents passed away in Vietnam, leaving a house in Dong Nai. I settled in Australia nearly 20 years ago and rarely return. I only recently learned that my siblings in Vietnam completed the estate declaration and transferred the house into their names without including me. I am overseas and cannot return to Vietnam often. Can I still reclaim my share, and where should I begin?"
DEDICA ADVISES You can certainly reclaim your share. As a biological child, you belong to the first rank of heirs and are entitled to a share equal to that of your siblings, regardless of your foreign nationality or how long you have lived away from Vietnam. Being left out of an estate declaration does not extinguish your inheritance rights. What matters most is the statute of limitations: the law caps the time within which you may request a division of the estate, so the sooner you act, the better. And you are not required to return to Vietnam; you may authorize a lawyer to act on your behalf. Below are the legal grounds and the concrete steps.
Your inheritance rights when living abroad and left out of the estate declaration
When parents pass away without leaving a will, the estate is divided under the law among heirs by rank. A biological child, regardless of where they reside or what nationality they hold, falls within the first rank of heirs and is entitled to a share equal to that of the other children.
In other words, the fact that your siblings signed the estate declaration and transferred the house into their names does not mean you have lost your share. When an estate declaration omits an heir, the omitted heir is entitled to require those who received the estate to pay them the corresponding value of their share (Clause 1, Article 662, Civil Code 2015). This is also the moment to correct a common misconception: holding a foreign nationality does not strip you of inheritance rights in Vietnam. Nationality affects only the form in which you receive the estate (especially for real property), not whether you are entitled to inherit at all.
However, this right does not last indefinitely: the law sets a statute of limitations, that is, the maximum period within which you may request a division or reclaim your inheritance share.
"The time the inheritance is opened" is counted from the date your parents passed away, not the date you discovered you had been left out. So if your parents died long ago, the first task is to pinpoint this date to determine whether you are still within the limitation period.
Steps to reclaim your inheritance share when you cannot return to Vietnam
Almost the entire process below can be carried out through a representative, so you do not need to fly back to Vietnam to pursue the matter.
- Identify the estate and the basis for inheritance. Clarify whether your parents left a will, what the estate consists of (a house, land, bank accounts, etc.), and gather documents proving your relationship with your parents (birth certificate, passport, civil status records).
- Legalize documents issued abroad. Documents issued by foreign authorities, or papers you sign abroad, generally must undergo consular legalization and certified translation into Vietnamese before they can be used in Vietnam; without this step, the notary office or the court will reject the file.
- Authorize a lawyer in Vietnam. You prepare a power of attorney (which also requires consular legalization) so that a lawyer can deal, on your behalf, with the co-heirs, the notary office, the land registration authority, and the court.
- Negotiate first, litigate later. The first step is usually negotiation, so that the co-heirs voluntarily agree to re-divide the estate or pay out your share. If they refuse to cooperate, the lawyer will represent you in filing a lawsuit before the competent court to request a division of the estate.
Conclusion
In sum, as a biological child you remain entitled to an inheritance share equal to that of your siblings, whether you live abroad or hold a foreign nationality; being left out of the estate declaration does not erase that right. What to do: (1) establish the date your parents died to determine whether the limitation period still applies; (2) gather and obtain consular legalization for documents proving your relationship and inheritance rights; (3) authorize a lawyer in Vietnam; (4) negotiate with the co-heirs, and file a lawsuit to request a division of the estate if no agreement is reached. The key is to act early, before the statute of limitations expires or the property is transferred further.
If your siblings refuse to cooperate or the house has already been transferred, DEDICA can act under a power of attorney so that you need not return to Vietnam: reviewing the estate declaration file, negotiating with the co-heirs, dealing with the notary office and the land registration authority, and filing suit and participating in proceedings where necessary, all the way through to lawfully remitting your inheritance share abroad to you. Contact DEDICA to have a lawyer assess your specific situation and propose a strategy for reclaiming your inheritance share.
The above is for reference only; every inheritance matter has its own facts and timeline, so please consult a DEDICA lawyer for advice tailored to your situation.
