Before his death, his father made a will, leaving all his assets to his mother. So, can my grandfather, I (40 years) and younger brother (35 years old) inherit from my father? (Ngoc Sang)
According to Clause 1, Article 644 of the Civil Code, the following persons are still entitled to a share of the inheritance which is equal to two-thirds of the heirs according to law, if the property is divided according to law, in the event that they are not entitled to: the heir gives an inheritance or gives less of two-thirds of the estate:
– Little children, father, mother, wife, husband.
– Adult children without working capacity.
Based on the above provisions, if your father’s will is valid, your grandparents will each receive two-thirds of the inheritance; the rest of your mother’s property; You and your brother did not inherit from your father.
As an example: The property left by your father is 450 million dong, the first line of inheritance includes grandfather, grandmother, mother, friend, younger brother; an inheritance of 90 million VND (450 million VND divided by 5).
Then, your grandfather will get 60 million dong (two thirds of the inheritance), your grandmother will get 60 million dong (two thirds of the inheritance), your mother will get the remaining 330 million dong.
Note, according to Paragraph 2, Article 644 of the Civil Code, the above provisions will don’t apply for people who refuse to receive inheritance in Article 620 of the 2015 Civil Code; or they are people who are not entitled to inherit the inheritance in Clause 1 Article 621 of the 2015 Civil Code, including:
– People who are convicted of willful acts of violating life and health or serious mistreatment, abusing the heir to the inheritance, violating the honor and dignity of that person.
– People who violate the obligation to maintain the person who left the inheritance.
– People who are punished for an act that intentionally violates the life of another heir to enjoy part or all of the inheritance that is the right of the heir.
– People who deceive, coerce or prevent people who leave inheritance in making a will; falsify a will, change a will, cancel a will, hide a will to enjoy part or all of the inheritance against the wishes of the beneficiary.
Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association
at Blogtuan.info – Source: vnexpress.net – Read the original article here