My husband, before his death, did not leave any property to me and my daughter, but wrote a will to leave the property to his wife and his stepchildren with his wife. So can I and my children inherit the property?
My husband, before his death, did not leave any property to me and my daughter, but wrote a will to leave the property to his wife and his stepchildren with his wife. So can I and my children inherit the property?
Reply:
1. Your husband is entitled to make a will to leave his / her property to another person, who is not obliged to be your mother or child.
According to Article 609 of the 2015 Civil Code on Inheritance Rights:
“Individuals have the right to make wills to dispose of their property; leaving their property to their heirs at law; inheritance by will or by law. "
Apart from us, Article 625 of the 2015 Civil Code also provides
"Article 625. The testator
1. An adult who meets all conditions prescribed at Point a, Clause 1, Article 630 of this Code may make a will to dispose of his / her property.
2. A person aged from full fifteen to under eighteen may make a will if the parent or guardian agrees to the will. "
2. Although not in the will, according to the law, you and your daughter (if you are a minor or an adult but have no working capacity) can still get a part of the estate.
Article 644 of the 2015 Civil Code stipulates cases of inheritance which is independent of wills as follows:
"first. The following persons are still entitled to an estate portion equal to two-thirds of the rate of a legal heir if the estate is divided by law, in cases where they are not granted by the testament maker or only the estate is less than two-thirds of that:
a) Minors, parents, spouses;
b) Adult children who cannot work.
2. The provisions of Clause 1 of this Article do not apply to persons who refuse to receive inheritance under Article 620 or who are not entitled to inheritance under Clause 1, Article 621 of this Code. ”
In case you need further advice, you can contact Dai Viet Law Firm Limited or Dai Viet Notary Office (now Tran Hang Notary Office).
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
My husband, before his death, did not leave any property to me and my daughter, but wrote a will to leave the property to his wife and his stepchildren with his wife. So can I and my children inherit the property?
Reply:
1. Your husband is entitled to make a will to leave his / her property to another person, who is not obliged to be your mother or child.
According to Article 609 of the 2015 Civil Code on Inheritance Rights:
“Individuals have the right to make wills to dispose of their property; leaving their property to their heirs at law; inheritance by will or by law. "
Apart from us, Article 625 of the 2015 Civil Code also provides
"Article 625. The testator
1. An adult who meets all conditions prescribed at Point a, Clause 1, Article 630 of this Code may make a will to dispose of his / her property.
2. A person aged from full fifteen to under eighteen may make a will if the parent or guardian agrees to the will. "
2. Although not in the will, according to the law, you and your daughter (if you are a minor or an adult but have no working capacity) can still get a part of the estate.
Article 644 of the 2015 Civil Code stipulates cases of inheritance which is independent of wills as follows:
"first. The following persons are still entitled to an estate portion equal to two-thirds of the rate of a legal heir if the estate is divided by law, in cases where they are not granted by the testament maker or only the estate is less than two-thirds of that:
a) Minors, parents, spouses;
b) Adult children who cannot work.
2. The provisions of Clause 1 of this Article do not apply to persons who refuse to receive inheritance under Article 620 or who are not entitled to inheritance under Clause 1, Article 621 of this Code. ”
In case you need further advice, you can contact Dai Viet Law Firm Limited or Dai Viet Notary Office (now Tran Hang Notary Office).
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
