Inheritance is a rather broad and complex issue. In fact, people do not fully understand relevant legal provisions so the decision on disposing and dividing estate is not in accordance with regulations. That’s why many disputes occur over families causing loss of family affection. Grasping those needs, Phong & Partners Law Firm - Lienchieu Branch shall help clients answer all concern and resolve Inheritance disputes at Lien Chieu District, Danang City. Our lawyers provide consulting and dispute resolution inheritance services in Lien Chieu district. Let’s research the article below for more details.

1. What are Inheritance Laws?

Inheritance refers to transferring the property after one’s death. The Vietnamese law stipulates 02 (two) cases of inheritance which are the inheritance under a testament or the inheritance by intestacy laws:

• Inheritance under a testament refers to transferring the property of own the deceased to survivors under their wishes when they are still alive. The division of estate is carried out following the wishes of the testator; if the testament does not determine how many shares of each heir is, the estate shall be divided equally among the persons designated in the testament, except when there are other agreements. If the testament determines to divide the estate in objects, the heirs shall receive objects including any benefits and income derived from the estate or bear the reduced value of the objects up to the date of dividing the estate; if the objects are destroyed due to another person’s fault, the heirs can claim compensation for the damages. In case the testament only determines to divide the estate according to the proportion of the total value of the estate, this ratio shall be calculated on the value of the estate which is still present at the division of the estate.

• Inheritance by intestacy laws refers to transferring the property of own the deceased to survivors according to order of succession, requirements and orders are regulated by intestacy laws. Inheritance by intestacy laws is applied in cases (i) there is no testament; (ii) the testament is not valid; (iii) the heirs under the testament died prior to or at the same time as the testator; the agency or organization which are entitled to inherit under the testament no longer existing at the time of opening the inheritance; (iv) The persons appointed as heirs under the testament do not have the right to inherit or disclaimed the right to inherit. Heirs at law are categorized in the following order of priority:
  • The first order of succession includes spouse, biological parent, adoptive parent, biological children, adopted children of the deceased;
  • The second order of succession includes paternal and maternal grandparents, siblings of the deceased; biological grandchildren of the deceased;
  • The third order of succession includes paternal and maternal great-grandparents of the deceased; biological uncles and aunts of the deceased; biological nephews and nieces of the deceased; great-grandson of the deceased.

Heirs who are in the same line shall be entitled to equal shares of estate. Heirs at a lower lines shall be entitled to inherit when there are no heirs at the higher order of succession because such heirs have died, have had no right to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

2. Inheritance Lawyers of Phong & Partners in Lien Chieu district.

a. Phong & Partners advices on law on inheritance in Lien Chieu district

• Lawyers advise on making testaments, including but not limited to:
  • Counseling on form and content of the testament, the requirements for making a legal testament; Counseling on procedures for making legal testaments for separate or co-ownership properties, multiple ownership properties between husband and wife;
  • Counseling on issues related to the property owner right of the testator to ensure the property disposal right of the testator in accordance with the law;
  • Counseling on issues related to making testaments for specific properties which are governed by other relevant legal fields such as business, house, land and other real estate…;
  • Counseling on rights and obligations of relevant parties in which making testaments;
  • Counseling on other issues related to making testament.
• Lawyers advise on regulations on inheritance, including but not limited to:
  • Counseling on inheritance rights and inheritance equality of individuals;
  • Counseling on the time and place of opening inheritance;
  • Counseling on determining estate;
  • Counseling on identification of the heirs;
  • Counseling on the time of arising the heirs’ rights and obligations;
  • Counseling on how to determine property obligations bequeathed by the deceased;
  • Counseling on how to identify the administrator of the estate, rights and obligations of the administrator of the estate;
  • Counseling on determining the inheritance of persons who have the right to inherit each other’s Inheritances die at the same time (if any);
  • Counseling on procedures for disclaiming to receive estate;
  • Counseling on identifying persons who are not entitled to inherit the inheritance;
  • Counseling on procedures for Inheritance declaration;
  • Counseling on procedures for division of estate
  • Counseling on division of estate in cases there are many testaments, the testament only decides on a part of property, the testament is damaged, estate disputes prolonged...;
  • Counseling on determining the statute of limitations on inheritance;
  • Counseling on other related regulations on inheritance.

•  Lawyers advise on inheritance under a testament, including but not limited to:
  • Counseling on appointing the heirs, the dispossessed persons;
  • Counseling on how to allocate the share of estate for each heir, the share of estate to give up or worship;
  • Counseling on assigning obligations to heirs;
  • Counseling on appointment of testament keepers, estate administrators and estate executors;
  • Counseling on intestate heirs;
  • Counseling on amending, supplementing, replacing and canceling testaments;
  • Counseling on making the multiple-testament of husband and wife;
  • Counseling on amending, supplementing, replacing and canceling the multiple-testament of husband and wife;
  • Counseling on procedures for archiving testament;
  • Counseling on legal validity of testament;
  • Counseling on procedures for announcing testament;
  • Explaining of testament;
  • Counseling on other issues related to Inheritance under testament.
• Lawyers advise on Inheritance by intestacy laws, including but not limited to:
  • Counseling on cases of inheritance by intestacy laws;
  • Counseling on identification of legal heirs;
  • Counseling on succeeding heirs (if any);
  • Counseling on Inheritance relationship between adoptive child and adoptive parent and biological parent; Inheritance relationship between stepchild and step-parent;
  • Counseling on Inheritance in case husband and wife divide common property when they are applying for divorce or are married to another person;
  • Counseling on other issues related to Inheritance by intestacy laws.
•  Lawyers advise on disputes over inheritance under a testament or inheritane by intestacy laws, including but not limited to:
  • Counseling on dispute settlement of estate;
  • Counseling on dispute settlement of Inheritance rights;
  • Counseling on dispute settlement of dividing inheritance under a testament or inheritance by intestacy laws among co-heirs;
  • Counseling on dispute settlement related to testaments or related to estate which are specific characteristics governed by other relevant legal fields.
  • Counseling on dispute settlement of Inheritance by conciliation and negotiation;
  • Counseling on dispute settlement of Inheritance by suing lawsuits at competent People’s Courts;
  • Counseling on other arising issues related to dispute settlement of Inheritance under testaments and inheritance by intestacy laws.

b. Lawyers draft related documents on Inheritance in Lien Chieu district

• Drafting testaments based on wishes of the testator;

• Drafting documents to send to co-heirs, relevant agencies, organizations and individuals to request cooperation in the process of settling estate division;
• Drafting lawsuit petitions, written opinions and related documents when carrying out the procedures for suing lawsuits at competent court to request division of estate;
• Drafting a petition for judgment enforcement, verifying conditions for judgment execution to enforce a legally effective judgment;
• Drafting petitions and complaints when necessary;
• Drafting other written legal opinions to protect the client’s interests in the settlement process of the case.

c. Lawyers participate in the dispute settlement of Inheritance in Lien Chieu district

• Representing and/or joining Clients in conciliating and negotiating the co-heirs for the division of Inheritance in order to minimize the arising disputes;
• Representing the Client to work with competent state agencies, relevant agencies, organizations and individuals to request coordination in the process of settling estate division;

• Representing Clients to make complaints and recommendations to ensure the client’s interests in Inheritance disputes;
• Representing and/or participating in protecting legitimate rights and interests of Clients in Inheritance cases at all levels of Courts, competent state agencies or other relevant organizations;
• Representing the Client to participate in the judgment enforcement process to request the judgment enforcement agency to issue a decision to execute the legally effective judgment.

3. The important of hiring Inheritance lawyer

More than anyone else, we all understand that “FAMILY LOVE” is a sacred and noble feeling more than anything else. Families are places where we are surrounded, protected and assisted by loved ones when we are in trouble. Only families are always ready for us, worry about us and welcome us with open arms and unconditionally forgive us for all our mistakes. Our forefathers said: “Blood is thicker than water” which means that familial bonds are always more precious than other stranger relationships. Therefore, we should respect our loved ones, should not cause conflicts for a sake of fame and money, giving up your blood relatives, and then lose that holy connection. So, it is very important to hire Inheritance Lawyer to consult and settle inheritance disputes.

“Phong & Partners” has been providing the Inheritance consulting service to many clients in Lien Chieu district in particular and Danang city in general. With the operating philosophy of “Honour justice - Respect goodwill”, we always provide legal services by the method of conflict resolution but still bring high efficiency. We not only appreciate the job responsibility but also always consider solving the client’s problems in the best way to ensure both the legal and the feeling. Especially, when dealing with Inheritance cases, we always put ourself in clients’ place, uphold the sacred value of family affection, always give priority to solving every disputes in good faith to keep the peace and good relationship of the family, at the same time, avoid the possible conflicts and disagreements. “Give quality - Get trust” is our top value; Phong & Partners aims to reach the main goal is that consulting and protecting the legitimate rights and interests of clients with professionalism - dedication.

Clients who are finding an Inheritance Lawyer in Lien Chieu district - Danang city, do not hesitate to contact Phong & Partners. We are always pleased to assist:

• Hotline: 0901.955.099 – Lawyer (Mr.) DANG VAN VUONG
• Address: 21 Truong Van Da street, Hoa Khanh Nam ward, Lien Chieu district, Danang city

The above are the contents of Inheritance Lawyers that Phong & Partners Law Firm provides to Clients.