Readers ask: The law stipulates that all individuals are equal in terms of the right to leave their property to others and the right to inherit according to a will or the law. However, there are still cases where there are people who do not inherit inheritance, which are those?
According to lawyer Nguyen Trong Nghia – Hanoi Bar Association, there are two cases where people are not entitled to inheritance:
Not entitled to inheritance in the case of a will;
There is no inheritance in the absence of a will.
According to lawyer Nguyen Trong Nghia – Hanoi Communist Youth Union, there are two cases where people do not inherit inheritance.
Persons who are not entitled to inherit in the case of a will
A will is an expression of the will of the testator to transfer his/her property to another person after his/her death.
In that spirit, Article 626 of the 2015 Civil Code, the testator has the right to designate an heir and deprive the heir of the right to inherit.
Thus, it can be seen that the testator has the right to decide on who to leave his or her property, how much to leave, and how to divide it.
The testator also has the right to decide who will not receive the inheritance he or she leaves behind.
Therefore, the people who are not designated to inherit in the will are the ones who do not inherit the inheritance in this case.
However, it should be accompanied by conditions that do not fall into the following special cases:
In case the will is invalid, or the part of the testator’s property left behind is not determined in the will.
Because of this case, that part of the property is still divided according to the law.
And there are people who are not designated as heirs in the will, but who are eligible, and the inheritance is still divided according to the law.
The case is the father, mother, spouse of the estate leaver, minor children or adult children without working capacity.
If this is the case, even though they are not designated as heirs in the will, they are still entitled to two-thirds of an inheritance if divided according to law.
Persons who are not entitled to inherit in the absence of a will
In case the deceased does not leave a will, the property left by that person will be divided according to the provisions of law.
So, who is not entitled to inheritance in this case?
Are there any cases where father, mother, wife, husband and children are not entitled to inheritance? Are other relatives such as brothers, sisters, brothers and grandchildren entitled to inheritance?
Civil law stipulates that inheritance is divided according to the line of inheritance, priority is given to the first line of inheritance.
It also specified who each line of inheritance includes.
However, Article 621 of the 2015 Civil Code stipulates that the following people are not entitled to an estate even though they are heirs according to regulations, including:
One is a person convicted of an act of intentionally infringing upon his life or health, or of a serious mistreatment, of abusing an estate leaver, of seriously infringing upon that person’s honor and dignity;
The second is the person who seriously violates the obligation to nurture the estate leaver;
Third, the person is convicted of intentionally infringing upon another heir’s life in order to enjoy part or all of the inheritance to which such heir is entitled;
Fourth, a person who deceives, coerces or prevents an estate leaver from making a will, forging a will, modifying a will, canceling a will, or concealing a will in order to enjoy part or the whole of it. estate against the will of the person who left the estate.
These are subjects who commit acts of violating rights and obligations as prescribed by law or serious ethical violations, or have other illegal acts affecting the voluntary will of the testator in order to inheritance.
Although these people are in the first line of heirs, being a father, mother, wife, husband, child, or other relative who is entitled to inherit the inheritance, they are not entitled to inherit the estate if they belong to one of the following schools: mentioned case.
However, the current law also has provisions to ensure maximum rights of the person leaving the estate.
That is the case where the estate leavers know their acts, but still let them inherit the estate according to the will, the people in one of the above cases will still enjoy the inheritance.
Of course, this only happens if the estate leavers make a will and designate those people to still inherit the estate.
at Blogtuan.info – Source: Eva.vn – Read the original article here
