Disputes Over Inheritance Without a Will – The Latest Legal Guide in Vietnam

When a family member passes away without leaving a clear or valid will, dividing their estate (“inheritance”) often becomes a sensitive issue that can easily lead to disputes. This article provides a detailed analysis of inheritance disputes without a will under Vietnamese law — who is entitled to inherit, principles of division, settlement procedures, and practical experiences — to help you protect your rights in such challenging situations.

1. Legal Basis and Key Concepts

1.1. What Is Inheritance Without a Will?

When a person dies without leaving a lawful will, or the will is unclear, or the person named in the will dies before or at the same time as the testator, or refuses the inheritance — the estate will be distributed according to the law, also known as statutory succession.

Article 649 of the 2015 Civil Code clearly defines statutory succession as “succession according to the order of heirs, conditions, and procedures prescribed by law.”

1.2. Who Inherits When There Is No Will?

According to Article 651 of the 2015 Civil Code, heirs by law are divided into priority levels as follows:

• First level of heirs: The deceased’s spouse, biological or adopted children, biological or adoptive parents.

• Second level of heirs: Grandparents, siblings, and nieces/nephews if the deceased is their grandparent.

• Third level of heirs: Great-grandparents, uncles, aunts, nephews, nieces, great-grandchildren, etc.

Those in a later level are only entitled to inherit if there are no heirs in the previous level, or all have been excluded, renounced their inheritance, or have no right to inherit.

Heirs of the same level share equal portions, unless there is a different lawful agreement.

A notable point: If an heir in a previous level dies before the deceased, their children may inherit by representation (receiving the portion their parent would have received), provided they can prove the family relationship.

1.3. Key Principles in Estate Division

Equality among heirs of the same level
All heirs of the same level receive equal shares — regardless of gender, age, or financial condition.

Division in kind or by value
If the estate includes indivisible property (such as a house or land), the parties may agree that one person receives the asset in kind and compensates the others for their share in value. If no agreement is reached, the property may be sold and proceeds divided equally.

Division after settling debts and obligations
Before distributing the inheritance, all debts and legal obligations of the deceased must be paid from the estate.

Time of opening the inheritance
The time of inheritance opening is the moment the deceased passes away. Rights and obligations are determined from that point.

Statute of limitations for claims

• Movable property: 10 years from the time the inheritance is opened.

• Immovable property: 30 years from the time the inheritance is opened.

2. Common Types of Inheritance Disputes Without a Will and How to Resolve Them

2.1. Common Types of Disputes

Disputes over who is a lawful heir
Some individuals may be excluded due to lack of proof of family relationship, being out-of-wedlock children, or adopted children not legally recognized.

Disputes over the share of inheritance
Although the law provides for equal division, some heirs demand a larger portion, claiming they cared more for the deceased or contributed financially to the property.

Disputes over ownership of assets
For example, land titled in the parents’ names may be claimed as marital property or said to have been transferred before death.

Disputes when one person holding the property refuses to share
One heir may possess the property and refuse to distribute or declare it as personal property.

Disputes involving disqualification from inheritance
The law excludes those who intentionally cause the death of the deceased to claim inheritance or those who seriously neglect their support obligations.

2.2. Dispute Resolution Procedures – From Mediation to Court

Negotiation and Mediation – The First Choice

Before going to court, heirs should prioritize negotiation or family mediation. If they reach an agreement, they can sign a notarized inheritance division agreement.

If the estate includes land use rights or other registered assets, documents proving ownership and family relationships must be attached to the agreement.

Filing a Lawsuit in Court

If no agreement is reached, the heirs may file a lawsuit requesting the court to divide the estate.

Court Jurisdiction:

• Common inheritance property disputes: handled by the district-level People’s Court where the real estate is located.

• If the estate involves foreign elements or is complex: handled by the provincial-level Court.

• Movable property disputes: handled by the court where the defendant resides.

Required documents for filing:
The petition, death certificate of the deceased, documents proving family relationship (birth certificates, marriage certificates, adoption papers), property ownership documents (land title, purchase contracts), and other related papers (family meeting minutes, waivers of inheritance, etc.).

Procedure:

• The court reviews the file and issues a notice for payment of the advance court fee.

• Mandatory mediation in civil proceedings — if successful, minutes are recorded.

• If unsuccessful, the case proceeds to trial. Both sides present evidence and arguments.

• The judgment or decision becomes legally binding, and parties must execute division accordingly.

During the process, the court may request DNA testing if there is a dispute over blood relations.

3. Practical Experience and Notes to Protect Your Rights

Gather solid evidence of family relationship
Collect birth certificates, household registration books, marriage certificates, adoption papers. If there is any doubt about kinship, DNA testing can be used to prove inheritance rights.

Verify property origin clearly
Ensure proper documentation — land use right certificates, sale contracts, invoices, and related evidence — to prevent ownership disputes.

Prioritize family negotiation
Family mediation, possibly with a lawyer or local authority, helps avoid long, costly, and emotionally damaging court battles.

File within the legal time limit
As noted, the limitation is 10 years for movables and 30 years for immovables. After this period, the right to claim inheritance will lapse.

Choose a sound litigation strategy
For simple cases with few heirs and small assets, disputes can be handled quickly at first instance. For high-value or complex cases, engage a lawyer early to prepare documents, gather evidence, and represent you in court.

Execute the judgment properly
Once the judgment is effective, all parties must comply — such as transferring land titles or liquidating assets. If a party deliberately refuses, you may request enforcement authorities to compel compliance.

4. Conclusion

Inheritance disputes without a will often become the “center of conflict” in families when the law is misunderstood or cooperation is lacking. Understanding the legal basis, principles of division, statutes of limitation, and preparing solid evidence — while prioritizing family reconciliation — will help protect your rights effectively and peacefully.

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