Your grandparents passed away leaving real estate, but your parent—who would have been the heir—predeceased them. As a grandchild, are you still entitled to that share, or is it true as relatives say that "once the parents are gone, the grandchildren lose their portion"? Misunderstanding this single aspect of inheritance by substitution could cause you to miss out on the inheritance that the law has rightfully designated for you.
If your parent were still alive, they would be an heir to your grandparents. But since they passed away first, who receives that share? Can a grandchild step into their parent's shoes to receive it, or is that portion distributed among the surviving aunts and uncles? Furthermore, if you are living abroad and cannot return to handle the paperwork, can other co-heirs declare the inheritance and omit you entirely? These questions often spark family disputes and lead many grandchildren to lose their legitimate rights. The following section analyzes the institution of inheritance by substitution under Vietnamese law, the conditions for grandchildren to inherit, the procedural steps, and common risks.
Inheritance by Substitution and Why Grandchildren Are Still Entitled
To understand why a grandchild still has a share, we must start with how the law ranks heirs when there is no will. The 2015 Civil Code divides legal heirs into three ranks, inheriting in sequential order. A grandparent's child is in the first rank, whereas a grandchild theoretically falls into the second rank:
Because heirs in subsequent ranks only inherit when no one from the preceding rank remains, many people mistakenly believe that if the grandparents die while other children are still alive, the grandchildren—being in the second rank—will receive nothing. This is exactly where the institution of inheritance by substitution comes in to protect the grandchild:
What does this mean for you: if your parent (the grandparents' child) dies before or at the same time as the grandparents, you are not pushed down to the second rank. Instead, you are substituted—meaning you step into your parent's exact position in the first rank to receive the share your parent would have been entitled to. If your parents had multiple children, the estate portion that would have belonged to your parent is divided equally among those siblings. In other words, the grandchildren collectively substitute and share exactly one deceased person's portion, rather than each grandchild receiving a full share equal to that of their aunts and uncles.
An important note on applicability: inheritance by substitution only applies when the estate is divided according to the law—that is, when the grandparents leave no will, the will is illegal, or it does not dispose of the entire estate (Article 650, Civil Code 2015). If the grandparents left a lawful will clearly bequeathing all assets to others, the estate is divided according to the will, and substitution does not apply to that disposed portion.
Conditions for Grandchildren to Inherit by Substitution
Not every grandchild is automatically entitled to substitution. The law requires several conditions to be met simultaneously:
- Your parent (the grandparent's child) must have died before or at the same time as the grandparents. If your parent died after the grandparents, your parent already inherited their share, and that portion will later pass to you through a different route: inheriting directly from your parent, not through substitution.
- You must be alive at the time of the opening of the inheritance (the moment the grandparents die), or have been conceived before the grandparents died and born alive thereafter (Article 613, Civil Code 2015).
- You must not belong to the group of persons disqualified from inheriting, such as those convicted of intentionally infringing upon the life and health of the deceased or severely mistreating them.
Regarding the last condition, the law specifically lists cases where a person is excluded from the right to inherit. If the grandchild falls into these categories, they cannot inherit by substitution:
In terms of blood relations, inheritance by substitution applies to biological grandchildren and biological great-grandchildren. The relationship between an adopted child and adoptive parents is also legally recognized in inheritance matters, so in practice, many situations require lawyers to carefully review documents to determine the correct substitution status, especially when families involve adopted children, stepchildren, or incomplete multi-generational civil records.
Procedures for Declaring and Distributing Estate to Substituting Grandchildren
Once identified as a substituting heir, the grandchild carries out the procedures just like any co-heir. The biggest difference compared to a normal heir is the burden of proving relationships across two generations. You must prove both your parent's relationship with the grandparents and your relationship with your parent. The process typically includes the following steps:
- Collect and prove inheritance relationships: death certificates of the grandparents and your parent (to prove your parent died before or simultaneously with the grandparents); birth certificates proving your parent is the grandparents' child, and you are your parent's child; along with property documents such as land use rights certificates and savings books.
- Draft a document on estate distribution agreement or estate declaration at a notary practice organization, with the participation of all heirs (including substituting grandchildren).
- The notary organization posts a public notice of the application receipt at the commune-level People's Committee for a statutory period, allowing interested parties to be informed and raise objections if any heir is omitted.
- After the posting period expires without any complaints or denunciations, the notary public notarizes the estate distribution or declaration document.
- Use the notarized document to register the transfer of real estate names, withdraw bank deposits, or receive other assets.
The right to request notarization and the legal validity of this document are clearly regulated in the 2024 Law on Notarization. The notary public can only finalize the process after the posting is complete and no disputes exist:
For grandchildren living abroad, the entire process can be conducted through authorization to a lawyer or representative in Vietnam, meaning your physical presence is not mandatory. It should be further noted that if the estate is real estate in Vietnam, the exercise of inheritance rights regarding that real estate is determined by Vietnamese law (Article 680, Civil Code 2015), so the procedure follows the aforementioned steps regardless of the grandchild's nationality.
Legal Risks and Common Real-World Mistakes
Inheritance by substitution sounds straightforward, but in practice, these situations are most prone to disputes and loss of rights, usually due to the following misunderstandings.
The misconception that "if parents die first, grandchildren lose their share"
This is the most common false assumption, and unfortunately, many grandchildren voluntarily withdraw because they believe it. The truth is the exact opposite: the very fact that your parent predeceased the grandparents is the condition that gives rise to the right of inheritance by substitution, allowing you to receive your parent's exact portion. This must be clearly distinguished from cases where your parent is still alive when the grandparents die, in which case your parent inherits and you do not substitute.
Being omitted by other co-heirs during declaration
A very real risk, especially when the grandchild lives far away or is settled abroad, is that other co-heirs may unilaterally declare the inheritance and omit the substituting grandchild's share. The public posting procedure at the commune-level People's Committee acts as a protective layer, as its contents must be explicit to receive complaints or denunciations regarding omitted or concealed heirs. If the estate has already been divided and the substituting grandchild appears later, the law does not compel a redistribution in kind, but the grandchild is entitled to be compensated with an equivalent sum of money:
Waiting too long and hitting the statute of limitations
Your rights do not disappear due to geographical distance, but they can be lost over time. The law sets a statute of limitations for heirs to request estate division; upon expiration, the estate belongs to the person managing it:
30 years sounds like a long time, but for families where the grandparents passed away long ago and the estate has been managed by one branch of the family for years, the deadline might be closer than you think. Initiating the paperwork early is always the safer option.
The Role of DEDICA in Inheritance by Substitution Cases
The most difficult aspect of inheritance by substitution does not lie in the wording of the law, but in proving multi-generational relationships and handling matters correctly when there are multiple co-heirs. DEDICA assists grandchildren in reviewing all civil documents to accurately determine their substitution status, advises on a comprehensive strategy to ultimately receive the estate, guides the preparation and consular legalization of foreign documents, and acts as an authorized representative working with notary organizations, banks, and state authorities so the client does not need to be physically present in Vietnam.
If omissions have already occurred or the parties cannot agree, DEDICA represents clients in negotiations among co-heirs and, when necessary, participates in court litigation to request a redistribution of the estate. For grandchildren settled abroad, DEDICA also provides counsel on transferring the proceeds back home, from legal inheritance remittance procedures to handling real estate that the heir cannot hold title to.
Conclusion
In summary, in Vietnam, a grandchild can absolutely inherit from their grandparents when a parent has passed away, through the institution of inheritance by substitution, provided the parent died before or simultaneously with the grandparents and the estate is divided according to the law. The required steps include: (1) collecting death and birth certificates to prove two-generation relationships; (2) drafting an estate distribution or declaration document at a notary organization; (3) waiting for the 15-day posting period at the commune People's Committee; (4) using the notarized document to transfer titles or receive assets. The three things that most easily cause grandchildren to lose their rights are believing the myth that "once parents are dead, grandchildren lose their share", being omitted by other co-heirs during declaration, and waiting so long that the statute of limitations expires. If you are abroad, prepare and consularly legalize your documents early, and authorize a lawyer to handle it so you don't have to start over.
If you suspect you have a substituting inheritance right from your grandparents but are unsure if your documents sufficiently prove the relationship, or if you worry your share has been omitted by other co-heirs, let DEDICA review your case files and confirm your substitution status. DEDICA can act as your authorized representative to handle all procedures in Vietnam and propose a tailored estate reception strategy for your specific case.
The content of this article is for reference purposes based on legal regulations at the time of writing. Each case has unique facts; please consult a DEDICA lawyer for precise advice regarding your situation.
