ACDC’s Law Department advises:
Question: According to current law, in what cases are spouses, children, and grandchildren not entitled to inherit the inheritance left by the deceased? For those having seriously breached their duty to support the deceased, are they entitled to inherit the inheritance? Thank you!
Answer by ACDC’s Law Department:
According to Article 621 of the 2015 Civil Law on persons not entitled to inherit, the following persons are not entitled to inherit:
(1) Persons convicted of having intentionally caused the death of or harmed the health of the deceased, of having seriously mistreated or tortured the deceased, or of having harmed the honor or dignity of the deceased;
(2) Persons having seriously breached their duty to support the deceased;
(3) Persons convicted of having intentionally caused the death of another heir in order to obtain all or part of the entitlement of such other heir to the estate;
(4) Persons deceiving, coercing or obstructing the deceased with respect to the making of the will, or forging, altering or destroying the will in order to obtain all or part of the estate contrary to the wishes of the deceased.
N.B.: Persons not entitled to inherit may, nevertheless, inherit the estate if the deceased was aware of such acts but allowed them to inherit the estate under the will.
Thus, those having seriously breached their duty to support the deceased are not entitled to inherit the inheritance, unless the deceased was aware of such acts but allowed them to inherit the estate under the will.
----------------------------------------------------------------------------------------------
Above is our advice on your questions. Persons with disabilities and relatives of persons with disabilities can contact us via the following channels:
Hotline: 024 6329 1019 or 024 6291 0814 (on business hours from Monday to Friday).
Email: tuvan@acdc.org.vn
Fanpage: Viện ACDC
This is a completely free consultation service for persons with disabilities and relatives of persons with disabilities nationwide.
