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Court representative
Anonymous client: Between an adopted child and a biological child, who will receive more assets?
There are two types of inheritance, inherit via law and inherit via will.
If the deceased person has will, then the asset settlement will follow the will. The content of the will is fully depend on the deceased will; it shall be the deceased person’s right to settle the asset to another person, whether it is less, equal or more distribution (or even all). The law does not forbid this.
If there is no will, then the inheritance will follow the law. Article 651 of the Civil Code 2015 stipulates as follow:
Article 651. Heirs at law
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.
2. Heirs at the same level shall be entitled to equal shares of the estate.
3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.
Accordingly, the adopted child and biological child are in the same inheritance level (the first level) shall be equal in rights. If the asset settlement follows the law, then the adopted child and biological child will have the same asset settlement, no one gets more no one gets less.
Contact for legal advice support with lawyer Anlaw
Call: (+84) 986 995 543
E-mail: info@anlawvietnam.com
08:00 – 18:00 (GMT+7) Monday – Friday
Client 09…..09: After divorcing, I married a new husband. If my ex-husband passed away, then am I eligible to inherit the asset?
There are two types of inheritance, inherit via law and inherit via will.
If the deceased person has will, and the will determine that the asset will belong to the ex-wife then you are eligible to inherit the asset.
If there is no will, then the inheritance will follow the law. Article 651 of the Civil Code 2015 stipulates as follow:
Article 651. Heirs at law
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.
2. Heirs at the same level shall be entitled to equal shares of the estate.
3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.
\Accordingly, husband/wife is determined as the person who is in the marriage relation at the time the deceased person passed away. For “ex-wife” (which can be construed as the marriage relationship has ended by the court judgment) will not be categorized in the inheritance level by law; shall not be able to inherit asset from the deceased ex-husband.
Contact for legal advice support with lawyer Anlaw
Call: (+84) 986 995 543
E-mail: info@anlawvietnam.com
08:00 – 18:00 (GMT+7) Monday – Friday
Court representative 2
Anonymous client: Between an adopted child and a biological child, who will receive more assets?
There are two types of inheritance, inherit via law and inherit via will.
If the deceased person has will, then the asset settlement will follow the will. The content of the will is fully depend on the deceased will; it shall be the deceased person’s right to settle the asset to another person, whether it is less, equal or more distribution (or even all). The law does not forbid this.
If there is no will, then the inheritance will follow the law. Article 651 of the Civil Code 2015 stipulates as follow:
Article 651. Heirs at law
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.
2. Heirs at the same level shall be entitled to equal shares of the estate.
3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.
Accordingly, the adopted child and biological child are in the same inheritance level (the first level) shall be equal in rights. If the asset settlement follows the law, then the adopted child and biological child will have the same asset settlement, no one gets more no one gets less.
Contact for legal advice support with lawyer Anlaw
Call: (+84) 986 995 543
E-mail: info@anlawvietnam.com
08:00 – 18:00 (GMT+7) Monday – Friday