Tranh chấp thừa kế: Quy định và cách giải quyết (Luật sư Lê Bình Phương phân tích)Inheritance Disputes: Rules and Resolution (Analysis by Lawyer Lê Bình Phương)

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

Overview

Inheritance disputes are an especially complex category of civil dispute — not only because the assets at stake are often substantial, but because they sit at the intersection of legal relationships and multi-generational family ties. Many cases drag on for decades through multiple levels of court, all because a will is suspected to be invalid or an asset has not been clearly classified as estate property versus jointly owned property.

The starting point for correctly handling any inheritance dispute is to distinguish two questions: (1) what constitutes the estate, and (2) who has the right to receive it, and on what basis.

Relevant Legal Provisions

On the right of inheritance and the estate:

Article 609 of the Civil Code 2015 (91/2015/QH13) provides: an individual has the right to make a will to dispose of his or her property; to leave property to intestate heirs; and to receive an estate under a will or by operation of law.

Article 611, clause 1 fixes the time of succession as the moment the property owner dies. This is the reference point for calculating limitation periods and for determining who qualifies as an heir.

Article 612 provides that the estate comprises the deceased’s separate property and the deceased’s share of any jointly owned property. This is the core of many disputes: before the estate is divided, the jointly owned portion (most commonly marital community property) must be segregated so that only the deceased’s share constitutes the estate.

Article 613 provides that an heir must be alive at the time of succession, or must have been conceived before the decedent’s death and be born alive.

On valid wills:

Article 627 provides that a will must be in writing; only when a written will cannot be made may an oral will be used.

Article 630 sets out four conditions for a valid will: (a) the testator was of sound mind and free from fraud or coercion; (b) the content does not violate any prohibition or public morality; (c) the form complies with the prescribed requirements. A written will that has not been notarised may still be valid if it satisfies clause 1 of this Article. An oral will is valid only if witnessed by at least two persons and notarially confirmed within five working days.

On persons disqualified from inheritance:

Article 621 lists the grounds for disinheritance: conviction for intentionally endangering the life or health of the decedent; serious breach of a maintenance obligation; forgery, alteration, or destruction of a will to obtain an inheritance. Clause 2 provides an exception: if the decedent knew of the conduct but still made a testamentary gift, the right to inherit is restored.

On heirs entitled regardless of the will’s content:

Article 644, clause 1 provides: minor children, parents, spouses, and adult children who are incapable of work — even if excluded from the will or given less than their intestate share — are entitled to at least two-thirds of the intestate share. This is a protective mechanism that a testator cannot override.

On intestate succession and the order of heirs:

Article 650 provides that intestate succession applies when there is no will, the will is invalid, or the testamentary heir renounces the inheritance or no longer exists.

Article 651 establishes three classes of heirs: the first class comprises the spouse, natural parents, adoptive parents, natural children, and adopted children; the second class comprises paternal and maternal grandparents, full siblings, and nephews and nieces; the third class comprises great-grandparents, paternal and maternal aunts and uncles, and great-nephews and great-nieces. Persons within the same class share equally; the next class inherits only if no one in the preceding class remains.

On limitation periods:

Article 623, clause 1 sets a thirty-year limitation period for claims to divide immovable property and a ten-year period for movable property, running from the time of succession. Clause 2 sets a ten-year limitation period for claims to confirm inheritance rights or to dispute the rights of another.

Common Types of Disputes

Disputes over the validity of a will are the most common and the most complex. Typical grounds: the will is alleged to have been made when the testator lacked mental capacity (due to age or illness); the will is alleged to have been procured by coercion or deception; or the signature is suspected of being forged. The burden of proof lies with the party challenging the will — not with the party defending it.

Disputes over identifying the estate arise when the assets left behind have not been clearly classified as separate property or jointly owned property — most often marital community property. Before the estate is divided, the jointly owned property must first be split (usually 50/50 for marital community property), and only the remaining portion constitutes the estate.

Disputes about the class of heirs arise when a non-marital child has not been formally acknowledged, an adopted child lacks legal documentation, or one heir alleges that another is disqualified under Article 621.

Disputes over the mandatory share under Article 644, where a will deliberately excludes a minor child or spouse, are the category with the clearest legal foundation and the highest success rate when properly advised.

Disputes over dividing an indivisible estate — particularly immovable property with many heirs, where no one agrees to hold a fractional interest and there is no agreement on valuation or who may buy out the others.

Analysis and Approach to Resolution

Step 1. Identify the actual estate. Separate any jointly owned portion before determining the estate. Many cases collapse at the outset because this step is skipped — the division proceeds on the entire jointly owned marital property rather than on the deceased’s share only.

Step 2. Examine the will. If a will exists: check the validity conditions under Article 630. A written will that has not been notarised may still be valid — but requires witnesses or evidence of the testator’s mental capacity. If there is no will: apply the order of succession under Article 651.

Step 3. Check for special circumstances. Is any heir disqualified under Article 621? Does anyone fall within the protected group under Article 644? These exceptions must be addressed before calculating shares.

Step 4. Choose a resolution method. An agreement among the heirs to divide the estate is the fastest and least costly option — a written division agreement must be notarised. Alternatively, commence proceedings before the competent regional People’s Court under the civil procedure rules.

Lawyer Lê Bình Phương notes: disputes over the validity of a will are the hardest to win where the will was properly notarised. A challenger needs specific medical evidence (hospital records, a forensic assessment of civil capacity) — testimony from relatives alone is not sufficient.

Real-World Situation

Mr B.’s family in Bình Thuận province had four children. Mr B. died in 2022, leaving a handwritten (unnotarised) will bequeathing his entire house and land to his youngest child. The three older children objected, alleging that when the will was made, Mr B. was already showing early-stage memory loss.

Legal analysis: an unnotarised will is not automatically void. Under Article 630, clause 4, it remains valid if it satisfies the conditions in clause 1. The three older children seeking to challenge it must prove that at the time the will was made, Mr B. was no longer “of sound and lucid mind.” Without medical records from that period, this is a significant evidentiary challenge.

However, the three older children may invoke Article 644 to claim a mandatory share — if their parents (the grandparents of these children) were still alive at the time of Mr B.’s death, or if any of them is an adult incapable of work. If the conditions are met, each is entitled to at least two-thirds × (one-quarter of the intestate share) = a minimum of one-sixth of the total estate.

In practice, many cases settle by agreement on the division of the estate even where the will is valid — because the cost of litigation sometimes exceeds the additional share that could be obtained under Article 644.

Frequently Asked Questions

How long is the limitation period for an inheritance dispute?
Thirty years for immovable property, ten years for movable property, running from the time of succession.

According to lawyer Lê Bình Phương, Article 623, clause 1 of the Civil Code creates a relatively long limitation period — but the time of succession is often miscalculated when the deceased had no death certificate or the certificate was registered late. Pinning down the exact date of succession is the first task when taking on an inheritance dispute.

Is an unnotarised will valid?
It may be valid, if it satisfies all the conditions of Article 630, clause 1 of the Civil Code.

According to lawyer Lê Bình Phương, Vietnamese law does not require notarisation of a will in all circumstances. A self-written will is valid if the testator was of sound mind, free from coercion, and the content does not violate the law. However, an unnotarised will is more easily challenged — especially when the testator was elderly or had an underlying medical condition.

Is a child excluded from the will still entitled to inherit?
Yes, if the child is a minor or an adult incapable of work, under Article 644 of the Civil Code.

According to lawyer Lê Bình Phương, Article 644 is one of the most important provisions that many people are unaware of. A testator cannot wholly deprive the protected beneficiaries of their entitlement — the minimum of two-thirds of the intestate share is guaranteed regardless of what the will says.

Important Notes

Testate and intestate succession are not mutually exclusive. Article 650, clause 2 provides that intestate succession also applies to the portion of the estate not addressed in the will — meaning a will can only deal with the assets the testator has expressly disposed of.

Renouncing an inheritance is a legal right (Article 620 of the Civil Code) but must be exercised in writing and within the prescribed time limit. An implied or oral renunciation has no legal effect.

An inheritance dispute involving immovable property typically triggers a parallel land dispute. Bear in mind: before the land use rights in the estate are divided, the inheritance declaration and registration of the change in land use rights must be completed. Many cases appear to be “settled” but then generate fresh disputes because this registration step was never carried out.

Conclusion

Inheritance disputes can be resolved effectively by getting two points right: correctly identifying the actual estate (after separating any jointly owned portion) and correctly applying the applicable distribution rules — under a valid will, by operation of law, or a combination of both. The Civil Code 2015, Articles 609–651, provides a comprehensive legal framework; the practical challenges lie in the evidence and in the strategy for managing the dispute from its earliest stage.

See also: Who is Lawyer Lê Bình Phương?

Related Articles

• An invalid will: legal consequences and how to deal with them
• Dividing an estate without a will: the order of heirs and practical considerations
• The mandatory share under Article 644 of the Civil Code: who is entitled and how much?
• Inheritance of land use rights without a will
• Limitation periods for inheritance disputes: when do they start and what to watch out for?