Anh chị em ruột có được thừa kế không? (Luật sư Lê Bình Phương phân tích)Do Siblings Have Inheritance Rights? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

“My older brother has just passed away. He had no wife or children, and our parents are gone too — do I and my younger siblings inherit anything?” This situation arises often when the deceased lived alone or had no nuclear family. Vietnamese law sets out a clear order of succession across three classes of heirs — understanding it correctly helps avoid disputes and identify who is entitled to the estate.

This article analyses in detail the inheritance rights of full siblings under Article 651 of the Civil Code 2015 (Bộ luật Dân sự 2015), with specific scenarios and key legal notes.

Relevant Legal Provisions

Civil Code 2015 — Article 651 (Heirs at law):

“1. Heirs at law are determined in the following order: a) The first order of heirs comprises: the spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased; b) The second order of heirs comprises: the paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full brothers, full sisters, and full siblings of the deceased; and grandchildren of the deceased where the deceased is the grandparent; c) The third order of heirs comprises: the great-grandparents of the deceased; the deceased’s uncles and aunts (paternal and maternal); the deceased’s grand-nieces/nephews where the deceased is the uncle/aunt; and the great-grandchildren of the deceased where the deceased is the great-grandparent. 2. Heirs of the same order receive equal shares of the estate. 3. Heirs of a later order inherit only if there is no one left in a preceding order because they have died, have no right to inherit, have been disinherited, or have refused the inheritance.”

Civil Code 2015 — Article 652 (Inheritance by substitution / representation):

“Where a child of the deceased dies before or at the same time as the deceased, the grandchild inherits the share that the grandchild’s father or mother would have received if still alive; if the grandchild has also died before or at the same time as the deceased, the great-grandchild inherits the share that the great-grandchild’s father or mother would have received if still alive.”

Civil Code 2015 — Article 654 (Inheritance between stepchildren and stepparents): A stepchild and a stepfather or stepmother who cared for and supported one another as parent and child may inherit from each other and may also inherit under Articles 652 and 653 of this Code.

Law on Marriage and Family 2014 — Article 75 (Full siblings): Full siblings include siblings who share both parents, siblings who share the same father but a different mother, and siblings who share the same mother but a different father. (Implication: for inheritance, half-siblings sharing one parent are still treated as full siblings.)

Analysis and Application

According to lawyer Lê Bình Phương, siblings’ inheritance rights depend on four main factors:

Factor 1 — The first order of heirs must be absent / without the right to inherit:

Siblings inherit only when no one remains in the first order. Specifically:

• The deceased had no spouse (never married, divorced, or the spouse died first);
• Biological and adoptive parents have died or were disinherited;
• No biological or adopted children (or all have died, with no grandchildren by substitution);
• All first-order heirs refuse the inheritance or are disqualified under Article 621 of the Civil Code.

Only when all of the above conditions occur together do siblings inherit.

Factor 2 — Same-order heirs receive equal shares (Article 651, Clause 2):

The second order comprises:

• Paternal and maternal grandparents;
• Full brothers, sisters, and siblings;
• Grandchildren of the deceased (where the deceased is their grandparent).

Everyone in the second order divides the estate equally, regardless of sex, age, or closeness.

Factor 3 — The expanded concept of “full siblings”:

Under Article 75 of the Law on Marriage and Family 2014, full siblings include:

• Siblings sharing both father and mother (full blood);
• Siblings sharing the same father, different mother;
• Siblings sharing the same mother, different father.

All three categories receive equal shares in inheritance.

This does NOT include:

• Cousins (children of aunts and uncles);
• Sworn or social siblings;
• Brothers- and sisters-in-law (spouses of one’s siblings);
• A spouse’s stepchildren (unless there is a special care-and-support relationship under Article 654).

Factor 4 — Inheritance by substitution does NOT apply to siblings:

This is an important and easily misunderstood point of law. Under Article 652 of the Civil Code 2015, inheritance by substitution applies ONLY in the parent–child–grandchild–great-grandchild line descending directly — it does NOT apply to the sibling relationship.

Specifically, Article 652 of the Civil Code 2015 only addresses the case where “a child of the deceased dies first” → the grandchild substitutes; and “the grandchild also dies first” → the great-grandchild substitutes. The article does not provide that where a sibling of the deceased dies first, that sibling’s children may substitute.

Consequence: if a full sibling of the deceased died before or at the same time as the deceased, that sibling is removed from the list of heirs; the estate is divided equally among the remaining co-heirs in the second order. The children of the deceased sibling receive NOTHING by way of substitution.

Example: Mr A dies, leaving three siblings (B, C, D). D had died earlier; D had two children, E and F. When A’s estate is divided:

• B receives 1/2;
• C receives 1/2;
• E and F receive nothing by substitution (because the substitution mechanism does not apply to a sibling’s children).

In this situation, E and F can only inherit A’s estate if (a) A made a will leaving property to them, or (b) when no one remains in the second order (B, C, and D have all died, and A’s grandparents are also gone), the third order applies — under which “the deceased’s grand-nieces/nephews where the deceased is the uncle/aunt” fall in the third order under Article 651, Clause 1(c) of the Civil Code 2015.

Typical Scenarios

Scenario 1 — A single person dies, leaving only siblings:

Mr X (60) is single, childless, his parents have died, and his grandparents are also gone. Three full siblings remain.

The estate is divided into three equal shares, each sibling receiving 1/3.

Scenario 2 — The deceased has only grandparents and siblings:

Ms Y dies, with no spouse/children/parents. A paternal grandmother (80) and two full siblings remain.

The estate is divided into three equal shares: the grandmother + two siblings each receive 1/3.

Scenario 3 — When all siblings died first — shifting to the third order:

Mr Z dies, with no spouse/children/parents/grandparents. He had two brothers (both died before Z). The first brother had one child; the second brother had three children.

Because inheritance by substitution does NOT apply to siblings (Article 652 of the Civil Code 2015 applies only to children/grandchildren/great-grandchildren), and no one remains in the second order (both brothers have died, no grandparents remain), the estate passes to the third order under Article 651, Clause 1(c) of the Civil Code 2015 — under which “the deceased’s grand-nephews/nieces where the deceased is the uncle” fall in the third order (because Z is the uncle of these children).

Under the principle that same-order heirs receive equal shares (Article 651, Clause 2 of the Civil Code 2015):

• The 4 nieces/nephews (1 child of the first brother + 3 children of the second brother) are all in the third order;
• Each receives 1/4 of the estate — divided equally, not according to “the parent’s share.”

Total: each of the 4 receives 1/4 of the estate. Note this is division by the third order, not inheritance by substitution.

Scenario 4 — Where there is an adopted child:

Ms T dies, with no biological children but one adult adopted child (with a lawful adoption decision).

The adopted child is in the first order → receives the entire estate. Siblings do not inherit (because the first order still exists).

Scenario 5 — The spouse has died but the spouse’s parents are living:

Mr M dies. His wife died before him; they had no children. His parents have died. His parents-in-law (father-in-law + mother-in-law) remain.

The parents-in-law are NOT in any order of heirs for Mr M. Therefore Mr M’s estate is examined at the second order: Mr M’s grandparents + Mr M’s full siblings.

Scenario 6 — Half-siblings (one shared parent):

Mr A (child of father B + mother C) has a half-brother D sharing the same father (father B + mother E). Mr A dies.

D is still a full sibling under the Law on Marriage and Family — and inherits equally with other full siblings.

Real-World Situation

Mr Q (65) died in March 2026. His profile:

• Mr Q’s wife died in 2015;
• No biological children, no adopted children;
• Parents died long ago;
• Grandparents died long ago;
• Four full siblings remain: eldest brother K (died in 2020, with two children, M and N), second sister L (living), third sibling P (living, in France), youngest sibling R (living).

Assets left by Mr Q: a house worth VND 6 billion in HCMC + savings of VND 800 million = VND 6.8 billion total.

Inheritance analysis:

Step 1 — Identify the order of heirs:

• First order: no one remains (wife died, no children, parents died);
• → Move to the second order;
• Second order: grandparents have died → only the full siblings remain (4 people).

Step 2 — Divide the estate:

• Eldest brother K died before Q → K is removed from the list of heirs. Inheritance by substitution does NOT apply to siblings (under Article 652 of the Civil Code 2015 — the substitution mechanism applies only to children/grandchildren/great-grandchildren in the direct descending line);
• K’s two children (M and N) do not inherit from Q’s estate. They belong to the third order (because Q is their uncle), but the third order applies only when no one remains in the second order — here L, P, and R are living, so the third order is excluded;
• The estate is divided equally among the three living siblings: sister L, sibling P, sibling R;
• Each receives: VND 6.8 billion ÷ 3 ≈ VND 2.267 billion per person.

Summary:

Heir	Share received
M (child of late eldest brother K)	VND 0 (substitution does not apply to a sibling’s children)
N (child of late eldest brother K)	VND 0 (substitution does not apply to a sibling’s children)
Sister L	~VND 2.267 billion
Sibling P (in France)	~VND 2.267 billion
Sibling R	~VND 2.267 billion
Total	VND 6.8 billion

Special notes:

• Sibling P in France needs to execute a power of attorney at the Vietnamese Embassy authorising a lawyer or relative in Vietnam to carry out the procedures;
• M and N (children of late eldest brother K) are not co-heirs in this situation — they need not sign the estate-division document;
• All three (L, P, R) must be present simultaneously, or grant a power of attorney, to notarise the estate-division document.

Frequently Asked Questions

When do siblings inherit?

→ When no one remains in the first order (spouse, parents, children).

According to lawyer Lê Bình Phương, the rule that “an earlier order excludes a later order” is very important. No matter how close the deceased was to their siblings — if a spouse or children remain, the siblings inherit nothing (unless there is a will).

If the deceased has only siblings, how is the estate divided?

→ Equally among the full siblings and any living grandparents.

According to lawyer Lê Bình Phương, note that the second order also includes grandparents — many people think it is only siblings. When grandparents are living, they share equally with the full siblings.

Do cousins or in-laws inherit?

→ No. They are not in any order of heirs.

According to lawyer Lê Bình Phương, this is a common point of confusion. Cousins (children of aunts and uncles) fall in the third order only through their relationship to a deceased who is their own aunt/uncle — not through being the deceased’s cousin. Consult a lawyer when a family has complex relationships.

Important Notes

For single, childless people: Make a will while in good health to dispose of your assets as you wish. Without a will, assets pass to siblings and grandparents — which may not match your wishes. Note especially: nieces and nephews (your siblings’ children) do NOT inherit by substitution even if their parent died before you — because Article 652 of the Civil Code 2015 applies substitution only to the children/grandchildren/great-grandchildren direct line, not to nieces/nephews through siblings. To leave assets to these nieces/nephews, a will is REQUIRED.

For siblings of the deceased: When a relative dies, check whether there is a will (ask a lawyer, or the notary office where the deceased transacted). If there is no will, carry out the estate-declaration procedure within the limitation period of 30 years (for real estate) under Article 623 of the Civil Code — the sooner the better, to avoid later complications.

When an heir is overseas, a lawful power of attorney is needed — details in Heirs abroad — procedures to receive an estate in Vietnam.

Related Articles

• Without a will — how is a deceased person’s estate divided
• How large a share does a surviving spouse inherit
• Can parents disinherit a child
• Land registered to a deceased person — handling the inheritance
• Inheritance disputes — rules and resolution

Conclusion

Siblings inherit when no one remains in the first order (spouse, parents, children of the deceased). They then fall in the second order under Article 651 of the Civil Code 2015, sharing equally with grandparents. Full siblings include half-siblings who share one parent. Cousins and in-laws are not in any order of heirs. For a single, childless person, making a will is the only way to dispose of assets according to your own wishes — rather than letting the law decide.

See also: Who is Lawyer Lê Bình Phương?