Inheritance Disputes Between Stepchildren and Biological Children
In many families in Vietnam today, disputes often arise between stepchildren and biological children when a parent passes away. Does Vietnamese law recognize a stepchild’s inheritance rights as equal to those of biological children? If so, on what legal basis, and how can these rights be proven? This article will help you understand the latest legal provisions under the Civil Code and practical solutions for resolving such inheritance disputes.
1. Legal Provisions on Inheritance Rights Between Stepchildren and Biological Children
1.1. General Inheritance Principles Applied to Both Stepchildren and Biological Children
According to the 2015 Civil Code, the law makes no distinction between biological and stepchildren if the inheritance arises from a legally recognized relationship. Specifically:
Legal heirs are determined based on the first line of succession (spouse, biological or adopted children, parents, or lawful guardians) under Article 651.
A stepchild who has been legally adopted or has valid evidence proving the parent–child relationship—such as a birth certificate, adoption decision, or DNA test—will be recognized as a legitimate heir, entitled to an inheritance equal to that of other children.
If the deceased left a valid will, the terms of that will take precedence. Stepchildren may benefit if they are explicitly named as beneficiaries.
Article 654 of the Civil Code 2015 provides that if a stepchild and stepparent had a relationship of care and support similar to that of a parent and child, they may inherit each other’s estates and also participate as heirs under the general inheritance rules.
Thus, the law provides a pathway for stepchildren to inherit when they can prove a lawful or de facto parental relationship.
1.2. When a Stepchild Is Not Entitled to Inherit
Despite the law’s inclusivity, a stepchild is not always eligible to inherit. Common cases include:
Lack of legal proof of relationship
If there is no documentation proving the parent–child relationship (e.g., birth certificate, adoption papers, DNA test) or no evidence of a caregiving relationship, the stepchild may not qualify as a legal heir.
Omission from a valid will
If a valid will exists and does not name the stepchild, they may be excluded—except in cases of “compulsory heirs,” such as minors or dependents incapable of working, who are entitled to at least two-thirds of a lawful inheritance share.
No caregiving relationship established
In cases involving stepchildren and stepparents, if no genuine care and support relationship existed, the stepchild has no right to inherit from the stepparent under Article 654.
Expiration of inheritance claims
Under Article 623 of the Civil Code 2015, the limitation period for requesting the division of an estate is:
30 years for immovable property (e.g., land, houses);
10 years for movable property (e.g., money, assets).
Similarly, the limitation for confirming or denying inheritance rights is 10 years from the opening of the succession.
If this period expires, a stepchild who later comes forward may lose the legal opportunity to claim their share.
2. Handling Inheritance Disputes Between Stepchildren and Biological Children in Practice
2.1. Preparatory Steps Before Filing a Lawsuit
Collect all relevant evidence:
Birth certificate, adoption certificate, parentage recognition decision, or copy of the will (if available).
Documents confirming a caregiving relationship (household registration, receipts for support, witness statements).
DNA test results, if needed, to prove biological ties.
Proof of the time the inheritance opened, the remaining assets, and current beneficiaries.
Review the will, if any:
Verify the will’s validity—ensuring the testator was of sound mind, not coerced, and followed the legal form under Article 630 of the Civil Code 2015.
If the will is partially or wholly invalid, the estate will be divided according to statutory inheritance rules.
Determine time limits and prevent loss of rights:
If the statute of limitations has expired, the claim may be dismissed. Stepchildren should file early or formally request inheritance recognition within the allowed time.
2.2. Court Procedure for Inheritance Disputes
Choosing the competent court:
The People’s Court of the district where the deceased last resided or where the estate is located has jurisdiction.
If multiple jurisdictions apply, the claimant may choose the most convenient one.
Filing a civil lawsuit:
A lawsuit petition must follow the court’s official form (e.g., Form 23-DS under Resolution 01/2017/NQ-HĐTP) and be accompanied by supporting documents and evidence.
Verification, adjudication, and estate distribution:
The court examines the evidence to confirm legitimate inheritance rights and any caregiving relationships.
If the stepchild’s rights are recognized, the estate is divided equally among heirs of the same rank, except for portions protected under “compulsory inheritance” rules.
The court may order a physical division of assets or, if impractical, a valuation and proportional distribution of asset value.
Payment and transfer of inherited portions:
If an estate has already been transferred to others, the recipients may be required to compensate the stepchild for their rightful share, as determined by the court.
The parties can also settle privately to avoid enforcement proceedings.
2.3. When a Stepchild Appears After the Estate Has Been Divided
A common scenario arises when a stepchild surfaces after the estate has already been divided (formally or informally) and demands a share. The law allows for this in limited situations:
If there is a valid will and the stepchild is omitted, they may still claim at least two-thirds of the statutory share under Article 644 of the Civil Code 2015.
If no valid will exists, a newly appearing stepchild may claim their share, provided the statute of limitations has not expired, even requiring previous heirs to compensate accordingly.
However, redistribution typically does not involve taking back physical assets that have been legally transferred; rather, compensation is usually in monetary value.
Hence, a stepchild’s later appearance does not automatically grant inheritance rights—it depends on the will’s validity, the statute of limitations, and actual asset status.
3. Conclusion
Inheritance disputes between stepchildren and biological children are legally complex, but Vietnamese law provides clear rules to protect legitimate rights—provided the necessary evidence is established. To safeguard a stepchild’s inheritance rights:
Draft a clear and valid will expressing the intention to include stepchildren.
Complete adoption or legal recognition procedures as early as possible to strengthen legal standing.
Preserve caregiving and relationship evidence (documents, witnesses, financial records).
File within statutory time limits to avoid losing inheritance rights.
In case of disputes, seek advice from inheritance lawyers to prepare documents, assess evidence, and develop an effective litigation strategy.
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