Ms. Hang (name changed), from Ho Chi Minh City, asked DEDICA:
"My mother passed away early this year without leaving a will; the estate is a house in Binh Thanh, Ho Chi Minh City. There are three of us siblings, and my eldest brother has lived in Germany for over twenty years. My sister and I want to complete the inheritance procedure so the house can be transferred and sold, with the proceeds split equally, but he refuses to sign anything and ignores our messages and calls. The notary office says nothing can be done without him. Does the house really have to sit there forever?"
DEDICA ADVISES An uncooperative heir living abroad is the reason many estate files in Vietnam sit unresolved for years, but your family is not at a dead end. The notary office is right to refuse: dividing an estate requires the participation of every heir. The law, however, does not let one person's silence "lock up" the property indefinitely: if persuasion and a remote power of attorney fail, you may sue for division of the estate, and the court can hear the case even if your brother never takes part. Here are the legal grounds and the specific steps.
Dividing an estate before a notary requires every heir's consent
Because your mother left no will, the house passes by law to the first rank of heirs, the three siblings, in equal shares. From the moment of her death the house belongs to all three of you: you and your sister cannot dispose of your brother's share. The Civil Code 2015 requires any division agreement among heirs to be made in writing (Article 656), and for real property that document must also be notarized before title can be transferred. The Law on Notarization 2024 keeps this gate tightly shut:
The notary must verify that exactly the right people, and all of them, take part; the file must also be publicly posted for 15 days at the commune-level People's Committee (the local administration) under Decree 104/2025/NĐ-CP. For you, this means the file cannot be completed without your brother. And do not follow "tips" to simply leave the absent heir out: a division instrument that omits an heir risks being declared void by a court once that person objects, unravelling every transfer and sale that follows.
Before thinking about court, one possibility is worth checking: many people abroad do not actually oppose the division; they are put off by paperwork or assume they must fly back to Vietnam to sign. In fact, your brother can sign a power of attorney right in Germany (at a Vietnamese diplomatic mission, or before a local notary followed by consular legalization) so that someone in Vietnam signs the division instrument on his behalf. If distance is the only obstacle, no lawsuit is needed.
Suing for division of the estate when negotiation fails
If your brother truly refuses all dialogue, this is a dispute over inheritance of property, a matter within the courts' jurisdiction under Clause 5, Article 26 of the Civil Procedure Code. Note an important change effective 01/07/2025: a case with a party residing abroad no longer goes up to the provincial court as before, but is filed with the Regional People's Court; where the estate is real property, that is the regional court of the place where the house is located.
A lawsuit to divide an estate with an heir abroad typically moves through five steps:
- Prepare the file. The death certificate, documents proving the mother-child relationships, the house papers and, crucially, your brother's exact address in Germany. The court must serve documents abroad, so a wrong or unverifiable address is a common reason cases drag on or are even suspended.
- File the lawsuit with the Regional People's Court of the place where the house is located; from 01/03/2026, filings can be made online.
- The court accepts the case and serves notice on your brother through judicial assistance channels or the Vietnamese mission in Germany. This is the slowest stage, often measured in months.
- If your brother stays silent, the court may try the case in the absence of a party residing abroad once service has been duly effected by the methods prescribed by law (Article 477, Civil Procedure Code). Non-cooperation slows the case down; it does not block a judgment.
- Enforce the judgment. An effective judgment is the basis for transferring title and dividing the estate; each person's share, including the absent heir's, is clearly fixed, with enforcement machinery available if he still refuses to comply.
DEDICA's experience: quite a few "uncooperative" heirs actually misunderstand their rights or dread the paperwork. When a lawyer steps in to make contact and explain the options clearly (including how his money will be divided transparently and remitted lawfully to Germany after the sale), many cases are untangled with a single power-of-attorney file, no courtroom needed. Where litigation is unavoidable, DEDICA acts under a power of attorney throughout, from filing to judgment enforcement; heirs abroad never need to return to Vietnam during the process.
Conclusion
In short, the notary office was right to refuse a file missing your brother's signature, but your family has a clear way out: (1) verify what he actually wants: if he does not oppose the division, guide him to sign a power of attorney right in Germany, no trip home needed; (2) if he refuses to cooperate, sue for division of the estate at the Regional People's Court of the place where the house is located; the court can rule even in his absence; (3) act early, because the right to demand division is time-barred. The house does not have to "sit there forever"; the only question is whether the route runs through the notary or through the court.
If your family is stuck in exactly this situation, with a relative abroad staying silent and the notary refusing the file, DEDICA can review the file, contact and negotiate with the heir abroad on your family's behalf, and represent you in a division lawsuit if negotiation fails. Contact DEDICA for a lawyer's assessment of the right approach for your situation.
This content is for general reference as of publication; every case turns on its own facts, so please consult a DEDICA lawyer for advice on your specific situation.
