In inheritance disputes in Vietnam, what causes headaches for people involved is not only dividing assets but also preserving family relationships. When conflicts break out, the biggest question is: should we choose mediation or sue in court? This article will help you clearly understand each option, thereby making the best decision in each specific situation.
Mediation is considered a soft option, helping parties avoid unnecessary tension. In Vietnam, mediation is not only a tradition in family behavior, but is also encouraged in law, especially in disputes with emotional elements such as inheritance.
If the parties still want to maintain the family relationship, sitting down together to analyze, negotiate and come up with a reasonable solution will minimize damage. In many cases, successful mediation helps parties save time, costs, and effort compared to going to court.
In addition, if the person leaving the property has a clear and specific will, it will be easier for reconciliation to reach a mutual agreement, because the parties can base on the will to determine their rights.
However, mediation is only effective if the parties have good faith. In reality, there are many cases where one or a few people intentionally hide assets, intentionally take more shares, or use mental pressure to force the weaker party to agree to an unfavorable plan.
The biggest limitation of mediation is that it is not legally coercive. If after conciliation one party does not comply with the commitment, it will be very difficult for the other party to request enforcement without a notarized document, or without the witness of a competent organization. At that time, the case had to return to litigation.
Filing a lawsuit is a necessary measure when conciliation fails or is not feasible. Especially in the following cases:
One or more people intentionally appropriate the estate, not allowing other parties to access information and assets.
The person leaving behind property does not have a will, or the will is disputed about its legal validity.
There are signs of document falsification, asset concealment, and non-transparent asset transfer.
The parties are no longer able to negotiate, and the agreement is deadlocked for a long time.
When choosing to sue, you need to be mentally prepared for a potentially lengthy legal process that requires complete documents and perseverance in pursuing the case to the end.
About authority: If the inherited property is real estate (house, land), the lawsuit will be resolved by the Court where the real estate is located. If the property is movable, a lawsuit can be filed at the defendant's place of residence or according to the agreement of the parties.
Statute of limitations for filing a lawsuit: According to the 2015 Civil Code, the statute of limitations to request division of inheritance is 30 years for real estate and 10 years for movable property, counted from the time of opening the inheritance (usually the date of death of the person leaving the estate).
Procedures for filing a lawsuit: The plaintiff needs to prepare documents such as: death certificate, documents proving family relationships (household registration, birth certificate...), real estate documents, will (if any), evidence to determine inheritance rights, documents related to the management or use of inherited assets.
Cost and time: You will need to pay advance court fees according to the law, the level of court fees depends on the value of the disputed property. The settlement process can last from several months to more than a year, depending on the complexity and cooperation ability of the parties.
The choice between mediation and litigation depends on the goals, circumstances and level of conflict between the parties. If you want to keep the relationship within the family and the parties are still of good will, prioritize mediation. However, if your legal rights are seriously violated, or you are no longer able to negotiate, filing a lawsuit is the right thing to do.
Mediation is a wise choice when respect and fairness are maintained. But when one party no longer puts feelings above personal interests, suing to seek legal intervention is a necessary step to protect their legitimate rights.
Inheritance disputes are not uncommon in modern society, and if not resolved properly, they can have severe consequences both physically and mentally. Choosing to mediate or sue is not only a legal matter, but also a question of emotions, trust and alertness in handling conflicts.
If you are facing a difficult inheritance dispute, proactively consult a reputable legal expert. A clear strategy, a legal representative who understands the law and understands people, will help you solve the problem effectively, legally, and still maintain respect between the parties.
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