“After my father passed away, a woman who had lived with him for many years, along with a child from a previous marriage, appeared and demanded a share of the inheritance. My family was very surprised because we had always thought that only the legal wife and children from the marriage had the right to inherit. So, according to Vietnamese law, are the concubine and the child from the previous marriage actually entitled to a share of the inheritance?”
1. Do children from a previous marriage and the concubine have the right to inherit?
According to the provisions of the 2015 Civil Code and the 2014 Marriage and Family Law, the inheritance rights of a “concubine” and “child from a previous marriage” are two different legal issues and need to be considered separately.
Regarding children from a previous marriage or illegitimate children, current law does not distinguish between children born within or outside of marriage. This means that if the child can prove a legal father-child or mother-child relationship with the deceased, they still have the right to inherit like other children.
Meanwhile, a woman referred to as a "concubine" will not automatically be considered an heir of the deceased if the relationship was not a legally valid marriage. However, in certain special cases related to the time of cohabitation or the legal regulations of the period, this relationship may still be considered on a case-by-case basis.
2. In what cases might stepchildren or concubines be ineligible for inheritance?
For stepchildren, the biggest issue is usually proving blood kinship. Without a birth certificate, paternity test, or clear legal basis, disputes are very likely to arise.
In many cases, families do not acknowledge their illegitimate children, so DNA testing or paternity testing procedures are necessary before inheritance rights can be resolved.
For concubines, if there is no legal marriage registration and the relationship is not legally recognized, they are generally not eligible for inheritance under the law.
Furthermore, if the deceased left a valid will, the distribution of assets will depend on the contents of that will.
3. How should this situation be handled?
When inheritance disputes arise involving stepchildren or concubines, the first crucial step is to thoroughly review all relevant legal documents, such as birth certificates, marriage certificates, wills, civil registry records, and property documents.
In reality, many families, due to emotions or personal conflicts, handle disputes aggressively from the outset, prolonging the process and making it more difficult to resolve. Furthermore, it's essential to clearly identify which assets are separate property, which are joint property, and who is entitled to inheritance according to the law before proceeding with the distribution of the estate.
For cases involving blood relations or disputes over the legality of the marriage, early legal review is crucial to avoid affecting the rights of all parties involved.
Contact DEDICA Law Firm for expert legal advice!
📞 Hotline: (+84) 39 969 0012 (Support available via WhatsApp, WeChat, and Zalo)
🕒 Opening hours: Monday – Friday (8:30 AM – 6:00 PM)
Contact us today for a free initial consultation with our team of professional lawyers!
