Disputes related to the distribution of estates are gradually becoming common when there are quite a few people who suppose money talks. We often witness cases of inheritance disputes between parents and their children, between siblings. Especially during the epidemic period, when everyone is facing economic difficulties, these disputes increase even more.
In cases where the deceased left his/her will, the distribution of estates according to the will often causes fewer disputes than cases where there is no will. And the question is, if there is no will, how will the estates be distributed?
Through this article, we hope to help you gain more legal knowledge regarding the distribution of estates when there is no will.
According to current law, if a person has passed away and left a will, his/her estates will be distributed according to his/her will. In cases where the will is unlawful or there is no will, the estates of the deceased will be distributed in accordance with the law.
Method of distributing estates when there is no will:
1. Heirs at law are categorized into 03 levels:
– The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
– The second level of heirs comprises: grandparents, biological siblings, and biological grandchildren of the deceased;
– The third level of heirs comprises: great-grandparents, biological uncles and aunts, biological nephews and nieces, biological great-grandchildren of the deceased.
Heirs at the same level shall be entitled to equal shares of the estate.
Heirs at a lower level shall be entitled to inherit estate where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inheritance, have been deprived of the right to inherit estate or have disclaimed that right.
2. Cases of not being entitled to inheritance:
Besides, the law also stipulates cases of not being entitled to inheritance when there is no will according to Article 621 of the Civil Code, including:
- 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 honour or dignity of the deceased;
- Persons having seriously breached their duty to take care of the deceased;
- 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;
- Persons deceiving, coercing the deceased to or obstructing 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.
Thus, PL&Partners Law Firm has just introduced to you some legal regulations in the case of inheritance without a will with the desire to help you gain more legal knowledge so that you can have more solutions when encountering situations of distributing estates for yourself or your relatives and avoiding unwanted inheritance disputes.
If you need any legal support, please don’t hesitate to contact us via phone number093.1111.060 for advice.
