In inheritance disputes in Vietnam, what troubles those involved is not only the division of assets but also the challenge of preserving family ties. When conflicts arise, the most pressing question is: should one choose mediation or proceed to litigation in court? This article will help you understand each option clearly, enabling you to make the most appropriate decision for your situation.

1. Mediation in Inheritance Disputes – A Way to Preserve Family Bonds

1.1. Why should you consider mediation?

Mediation is considered a gentle approach that helps avoid unnecessary tension between parties. In Vietnam, mediation is not only a cultural tradition in family conflict resolution but is also encouraged by law—especially in emotionally sensitive matters like inheritance.

If the parties involved still wish to maintain family relationships, sitting down together to analyze, negotiate, and propose a fair solution can minimize emotional damage. In many cases, successful mediation helps parties save time, money, and effort compared to taking the matter to court.

Moreover, if the deceased left a clear and specific will, mediation becomes even easier, as the parties can rely on the will to determine their rightful shares.

1.2. Limitations of mediation

However, mediation only works when all parties act in good faith. In practice, there are many cases where one or more individuals deliberately hide assets, attempt to claim more than their fair share, or pressure weaker members into accepting unfavorable agreements.

The biggest drawback of mediation is its lack of legal enforceability. If a party fails to honor the terms of a mediation agreement, the other party may find it difficult to enforce without notarized documents or the presence of an authorized witness. In such situations, the case often ends up in court regardless.

2. Litigation in Inheritance Disputes – When Legal Intervention is Necessary

2.1. When should you consider litigation?

Litigation becomes necessary when mediation fails or is no longer feasible. This is especially true in the following cases:

One or more individuals intentionally seize the estate and prevent others from accessing information or assets.
There is no will, or the validity of the will is contested.
There are signs of forged documents, hidden assets, or non-transparent asset transfers.
The parties can no longer negotiate, and the deadlock has persisted for a long time.

If you decide to pursue litigation, be prepared for a lengthy legal process that requires comprehensive documentation and persistence.

2.2. Key legal facts to know about inheritance litigation in Vietnam

Jurisdiction: If the inheritance includes real estate (land, houses), the case will be handled by the court where the property is located. If the assets are movable property, the case may be filed at the defendant’s residence or as agreed by the parties.
Statute of limitations: Under the 2015 Civil Code, the statute of limitations for claiming an inheritance is 30 years for real estate and 10 years for movable property, starting from the date the inheritance becomes available (typically the date of death).
Litigation procedure: The claimant must prepare documents such as a death certificate, documents proving family relationships (e.g., household registration, birth certificates), land or house ownership documents, a will (if any), evidence of inheritance rights, and any other relevant documentation related to estate management or usage.
Costs and duration: You must pay a court fee advance as required by law, which depends on the value of the disputed assets. The resolution process can take anywhere from several months to over a year, depending on the case’s complexity and the parties’ willingness to cooperate.

3. How to Decide Between Mediation and Litigation?

Choosing between mediation and litigation depends on your goals, circumstances, and the degree of conflict among the parties. If maintaining family relationships is important and the parties are still willing to cooperate, mediation should be prioritized. However, if your legal rights are being seriously violated or there is no chance of reaching an agreement, litigation is the right step to take.

Mediation is a wise choice when mutual respect and fairness still exist. But when personal interests are prioritized over family bonds, seeking legal enforcement through litigation becomes necessary to protect your legitimate rights.

4. Conclusion

Inheritance disputes are not uncommon in today’s society. If not handled properly, they can result in serious emotional and financial consequences. Choosing between mediation and litigation is not just a legal matter but also a question of emotional intelligence, trust, and clear-headed decision-making in conflict resolution.

If you're currently facing a difficult inheritance dispute, it’s essential to consult with a reputable legal expert. A clear strategy and a legal representative who understands both the law and the people involved can help you resolve the matter effectively, legally, and with as much respect among family members as possible.

Contact DEDICA Law Firm for expert legal consultation!

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Inheritance Disputes Among Family Members: Mediation or Litigation?