Contents
1. Is it permissible to refuse to receive inheritances with foreign elements?
According to the provisions of Article 613 of the Civil Code 2015, heirs are individuals:
– Alive at the time of the opening of the inheritance;
– Became pregnant before the person leaving the inheritance died and was born and alive after the time of opening the inheritance.
In addition, all individuals are equal in their rights to an estate by will or at law. Only the following cases are not entitled to inheritance:
– Being convicted of acts of intentionally infringing upon life, health, serious ill-treatment, torturing or seriously violating the honor and dignity of the bequeathed person;
– Serious breach of the obligation to nurture the bequeathed person;
– Convicted of an act of intentionally infringing upon the life of another heir in order to enjoy the share or all of the estate to which this person is entitled;
– Deceiving, coercing, preventing the bequeathed person from making a will, forging a will, etc.
Note that these people are not entitled to inheritance under the law, but only under the will if the person leaving the estate knows and still appoints them to the estate under the will.
At the same time, Article 620 of this Law also states that heirs have the right to refuse the estate but absolutely do not take advantage of the refusal to avoid fulfilling their property obligations to others.
Thus, a person, whether at home or abroad, if not falling into one of the above cases of inheritance, has the right to refuse to receive the estate.
2. Procedures for refusing to receive inheritances with foreign elements
Instead of going to a notary public practice organization in Vietnam to notarize the Written refusal to accept the inheritance, overseas people can contact the representative offices of the Socialist Republic of Vietnam abroad to make the refusal.
Pursuant to Article 78 of the 2014 Law on Notarization, this agency is entitled to notarize Wills, Documents refusing to receive estates, Power of Attorney documents and other contracts and transactions except for contracts for sale, conversion, transfer, gift, lease, mortgage, capital contribution with real estate in Vietnam.
Accordingly, the procedure for implementing a written refusal to receive an inheritance of a person abroad is the same as this procedure when carried out domestically according to the provisions of Article 59 of the Law on Notarization.
- Documents to prepare
– Notarized request form;
– A copy of the Will (if inherited by Will) or a document proving the relationship between the person leaving the estate and the person refusing to accept the inheritance (if the inheritance is divided according to law);
– A death certificate or other document proving that the person leaving the estate has died;
– Draft Written refusal to accept inheritance (if any);
– Personal documents: ID card or passport or citizen identity … of the person who refuses to accept the inheritance.
- Receiving and processing agencies
Overseas representations of the Socialist Republic of Vietnam
- Fees
According to Appendix 02 of the diplomatic fee schedule issued together with Circular No. 264/2016/TT-BTC dated 14/11/2016, the fee in case the notarized Document refuses to receive inheritance is: 20 USD/copy.
After that, the overseas person sends this document to Vietnam so that the heirs in Vietnam continue to carry out the division of the inheritance.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Inherit inheritance
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.