The Heir Has the Right to Refuse to Receive the Inheritance, Except in Cases Where the Refusal Is Aimed at Avoiding the Performance of His/Her Financial Obligations to the Heir


1. An heir has the right to refuse to receive an inheritance, except in cases where the refusal is intended to avoid fulfilling his or her property obligations to others.

2. The refusal to receive an inheritance must be made in writing; the person refusing must notify other heirs, the person assigned to divide the inheritance, the notary office or the People's Committee of the commune, ward or town where the inheritance is opened about the refusal to receive the inheritance.

3. The time limit for refusing to receive inheritance is six months from the date of opening the inheritance. After six months from the date of opening the inheritance, if there is no refusal to receive the inheritance, it is considered as an agreement to receive the inheritance.

Or they are people who do not have the right to inherit according to the provisions of Clause 1, Article 643 of the 2005 Civil Code.

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“Article 643. Persons not entitled to inherit

1. The following persons are not entitled to inherit:

The Heir Has the Right to Refuse to Receive the Inheritance, Except in Cases Where the Refusal Is Aimed at Avoiding the Performance of His/Her Financial Obligations to the Heir

a, A person convicted of intentionally infringing upon the life or health or of seriously mistreating or torturing the person leaving the inheritance, or of seriously infringing upon the honor or dignity of that person;

b, A person who seriously violates the obligation to support the deceased

product;

c, A person convicted of intentionally infringing upon the life of an heir

another to enjoy part or all of the inheritance to which the heir is entitled;

d. A person who deceives, coerces or prevents the testator from making a will; forges a will, amends a will, or cancels a will in order to receive part or all of the inheritance against the testator's wishes.


In short, regardless of who the testator has designated as the beneficiary of the inheritance, even if they are not among the heirs prescribed in Article 669, the testator can disinherit the legal heirs, including his father, mother, wife, husband or children. The testator can divide his entire inheritance to any person without giving, or giving less than 2/3 of a legal inheritance share to the heirs according to Article 669 of the 2005 Civil Code... those people will still receive an inheritance share equal to two-thirds of a legal heir's share regardless of the testator's will. This ensures the rights and benefits of those for whom the testator is responsible and obligated to perform while alive by limiting the testator's right to self-determination, contributing to strengthening and maintaining family love.

2.2.3. Limitations on leaving behind inheritance for worship purposes

On the basis of respecting the right of self-determination of the testator, our country's law allows the testator to reserve a part of the inheritance for worship purposes and does not need to specify the proportion of that "part" compared to the value of the property. However, to ensure the rights of those with property rights related to the deceased's inheritance, our country's law also limits the right of the testator to reserve the inheritance for worship purposes by stipulating in Clause 2, Article 670 of the 2005 Civil Code: "In case the entire inheritance of the deceased is not enough to pay his/her property obligations, a part of the inheritance cannot be reserved for worship purposes".

Thus, the inheritance used for worship will be limited in the case where the person leaving the inheritance must bear financial obligations such as debt payment obligations, compensation for damages, etc. and the entire inheritance of that person is not enough to pay the obligations. That is, if the person leaving the inheritance has made a will and


If a part of the inheritance in the will is specified for worship purposes but the person bears a debt or other property obligation, and the inheritance (after deducting the inheritance for worship purposes) is not enough to fulfill the person's property obligation, then the inheritance for worship must be deducted from the inheritance for worship. If the inheritance for worship purposes stated in the will is enough to pay the obligation or is still not enough to pay the obligation of the person leaving the inheritance, then that person will not be allowed to reserve a part of the inheritance for worship purposes. The right of the testator to reserve a part of the inheritance for worship purposes will not be recognized by law.

According to the above provisions, although the testator has expressed his will to dedicate a part of his inheritance to worship, that will is not guaranteed by law if the remaining assets are not enough to pay off the property obligations. Therefore, the part of the inheritance used for worship must be used to pay off the remaining obligations of the testator.

On the other hand, if the testator's leaving of a portion of the inheritance for worship purposes affects the legitimate rights of the heirs according to Article 669 of the Civil Code, the right to dispose of that portion is limited to ensure that the above heirs receive a portion of the inheritance at least equal to two-thirds of a legal inheritance portion.

According to the provisions of Article 669 of the 2005 Civil Code, the heirs who are not dependent on the will include: minor children, father, mother, wife, husband and adult children who are not able to work. In the case where the testator divides his property and reserves a part of the inheritance for worship purposes, and an heir appears who is not dependent on the content of the will and does not refuse to receive the inheritance and is not deprived of the right to inherit, they are still entitled to receive an inheritance equal to 2/3 of a legal inheritance portion taken from the inheritance portion used for worship purposes.


Therefore, the calculation of the inheritance of the heirs does not depend on the will on the entire inheritance (including the inheritance used for worship) or the separated inheritance used for worship. There is no law directly regulating this issue, but considering the legal nature of the provisions on heirs who are not dependent on the will, it can be seen that not depending on the will means not depending on the subjective will of the testator, so in the will, even if the testator decides on any issue regarding his property - including leaving a part of the inheritance for worship, those who are the subjects of inheritance who are not dependent on the content of the will are not entitled to inherit according to the will, or receive less than 2/3 of a period of division according to the law, the calculation of the inheritance of the heirs who are not dependent on the content of the will must be calculated on the total inheritance of the testator, including the part of the property that the testator specifies in the will to use for worship (worship inheritance).

Thus, although the law stipulates that a testator has the right to leave a part of his inheritance for worship purposes, this right will be limited in the event that the entire inheritance of the testator is not enough to pay his property obligations, limited by the rights of the heirs regardless of the content of the will.

2.2.4. Limitations on leaving bequests

Similar to the right to leave an inheritance for worship purposes, although the testator has the right to leave an inheritance for inheritance, in order to protect the legitimate rights of the testator's creditors, our country's law has stipulated: " In case the entire inheritance is not enough to pay the property obligations of the testator, the inheritance part shall also be used to fulfill the remaining obligations of this person " (Clause 2, Article 671 of the 2005 Civil Code).


Thus, in the case where the testator is subject to financial obligations, and the entire inheritance is not enough to pay the testator's financial obligations, even if the testator has disposed of his assets to leave a part of the inheritance to bequeath to the heirs, that bequeathed part is also used to fulfill the testator's obligations. Here, the law has limited the testator's rights, although the law respects and stipulates that the individual testator has the right to reserve a part of his assets to bequeath to anyone, but that bequeath will not be recognized and therefore cannot be carried out if the entire estate of the testator, including the bequeathed part, is still not enough to pay the testator's financial obligations.

In the case where the testator's property obligations have been paid but the inheritance is still to be divided. If there is an heir according to Article 669 of the 2005 Civil Code, in order of inheritance, including the bequeathed person, the heir, regardless of the content of the will, will be divided first among the inheritance. According to Article 669 of the 2005 Civil Code, father, mother, wife, husband, minor children or adult children who are incapable of working: Are those who are still entitled to receive an inheritance equal to 2/3 of the inheritance portion of the legal heir in the case where the total inheritance they receive from the testator is less than 2/3 of an inheritance portion according to the law or they are not entitled to receive an inheritance from the testator (except in the case where they are those who refuse to receive the inheritance or are not entitled to receive the inheritance).

If the testator decides to give away a part of the inheritance and the heirs, regardless of the content of the will, have not yet received the required share as prescribed by law, then the inheritance must be taken from the inheritance. The inheritance is the remaining part after deducting the portion of the inheritance for the heirs, regardless of the content of the will.


Therefore, even in the case where the testator leaves a part of his/her assets as a legacy, that legacy will be partially or fully deducted if the testator's estate (excluding the legacy) is not enough to ensure the mandatory share for the heirs regardless of the content of the will.

Thus, the rights of the testator in case the testator leaves an inheritance for inheritance will be limited if the entire inheritance is not enough to pay the testator's property obligations and in case the inheritance does not depend on the content of the will.

2.2.5. Limitations on the division of inheritance

Unlike other civil relations, inheritance relations only arise when an individual dies. “The time of opening inheritance is the time when the property owner dies” (Clause 1, Article 633 of the Civil Code). Inheritance division is carried out when it is determined that the deceased's estate is still available for division and there are beneficiaries according to the will or the law. However, when the elements in the legal inheritance relationship are determined to be able to have the right to inherit, the estate is still available for inheritance division and the heir does not refuse the right to inherit, but the division of the estate has not been carried out for the reasons prescribed in Article 686 of the 2005 Civil Code. Article 686 of the 2005 Civil Code stipulates the restriction on inheritance division: “In the case where, according to the will of the testator or according to the agreement of all heirs, the estate is only to be divided after a certain period of time, the estate will only be divided after that period has expired”.

In principle, in the event that the testator does not make a will or makes a will but does not specify the time of division of the estate, the heirs have the right to divide the estate immediately after the testator dies. Because starting from the time of opening the inheritance, the heirs are already co-owners of the deceased's estate. However, the heirs also have the right to


the right to limit the division of the inheritance if they agree with each other on the time limit for dividing the inheritance.

In case the testator makes a will, he has the right to determine the time of division of the inheritance. For various reasons, the testator has clearly stated that the inheritance can only be divided after a certain period of time, or when an event occurs, the division of the inheritance must be suspended until the end of that period or until the event specified in the will has occurred. The period during which the division of the inheritance cannot be carried out is entirely determined by the will of the testator. If the will clearly specifies the time of division of the inheritance, the heirs can only divide it after that period has expired. The heirs have the obligation to respect the right of the testator to limit the division of the inheritance and have the obligation to carry out the wishes of the testator expressed through the will.

Thus, the testator not only has the right to designate heirs and divide the inheritance for each heir, but also has the right to determine the time of dividing the inheritance. However, this right of self-determination of the testator may be limited in the following cases: “In case of request

division of inheritance that seriously affects life

of the surviving spouse and family, the surviving spouse has the right to demand

request the Court to determine the portion of the inheritance that the heirs are entitled to but

not to divide the inheritance for a certain period of time, but not more than three years,

from the time of opening the inheritance; if the time limit determined by the Court expires or the remaining party

If the heir is married to another person, the other heirs have the right to claim

"request the Court to divide the inheritance"(paragraph 2, Article 686 of the 2005 Civil Code).

To protect the livelihood of a surviving spouse or their family, in the event that the immediate division of the inheritance would cause serious harm,


In order to ensure the life of that person, the 2005 Civil Code stipulates that the wife or husband and family have the right to request the Court not to divide the inheritance for a certain period of time so that the wife or husband and their family can stabilize psychologically, healthily, economically, etc. For example: In the case where the surviving wife or husband is raising young children and has no other place to live, but the husband's parents still request to divide the inheritance. In this case, dividing the inheritance will cause difficulties for the life of the wife and the children of the couple, then at the request of the surviving wife or husband, the Court will determine the portion of the inheritance that each heir is entitled to but will not divide the inheritance for a certain period of time not exceeding three years from the time of opening the inheritance. This period is for the surviving person and their family to overcome the difficulties.

The restriction on inheritance division is terminated in the event that the period of restriction on inheritance division as determined by the court expires or the surviving spouse of the testator has married another person, then the heirs have the right to request the court to divide the inheritance.

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