1. What is an inheritance dispute resolution lawyer?

An inheritance dispute resolution lawyer is a legal professional with expertise in inheritance law. They offer advice, support, and representation to the parties in inheritance dispute resolution . These disputes may arise from disagreements about inheritance rights, the legality of a will, or the rights of individual heirs.

Lawyers not only play the role of guiding clients on legal regulations but also assist in negotiating and mediating to resolve disputes quickly, thereby avoiding prolonged time and family conflicts. If negotiations fail, lawyers will represent clients in court to defend their legal rights.

Additionally, lawyers also assist in gathering evidence, drafting lawsuits, working with authorities and ensuring that the inheritance division process is conducted in accordance with the law. With extensive experience and knowledge, inheritance dispute resolution lawyers help clients secure their rights and mitigate unnecessary legal risks.

2. What do inheritance dispute resolution lawyers do?

Although there are no specific regulations for classifying inheritance disputes, they can generally be categorized based on the characteristics and nature of the case into:

• Inheritance disputes involving a will;
• Inheritance dispute without a will.

Lawyers who resolve inheritance disputes play an important role in protecting the interests of the parties involved, ensuring that the division of inheritance is carried out according to legal regulations. Below are the main tasks that lawyers undertake during the resolution of inheritance disputes:

Legal consultation on inheritance

• Determining the rights and obligations of each heir according to the will or law.
• Explaining the legal provisions related to inheritance, estate, and conditions for inheritance.
• Consulting on the validity of wills and potential grounds for validation .

Gathering relevant evidence and documents

• Reviewing and verifying documents that prove land use rights and ownership of inherited assets.
• Gathering evidence related to wills, blood relations, or other legal documents.
• Identifying assets that are legally belong to the estate and excluding those not owned by the testator.

Mediation and negotiation between the parties

• Organizing meetings between the parties for negotiation and reconciliation.
• Proposing a reasonable division plan to minimize conflicts.
• Guiding clients in drafting the Agreement on the division of inheritance.

Representing clients in administrative procedures

• Assisting with inheritance declarations at the Notary Office.
• Handling procedures for transferring the name on the Certificate of Land Use Rights (red book) and transferring inherited assets.
• Providing support to handle tax and registration fee issues when receiving inheritance.

Representing clients in court proceedings

• Drafting a petition for inheritance dispute.
• Representing clients in dispute resolution at Court.
• Protecting the legitimate rights of clients before the Trial Council.

3. What are common types of inheritance disputes?

• Disputes over inheritance of land use rights and housing;

• Inheritance disputes involving cash, saving books; bonds, shares in enterprises;..

• Inheritance disputes involving precious metals, gemstones, gold, and silver, …;

• Inheritance disputes over belongings and personal effects left by the deceased;

• Disputes regarding the property rights of deceased persons,…

• If heirs have a dispute with a third party who is not entitled to inherit under the will, it is not considered an inheritance dispute. Depending on the case, such disputes can take the following forms:

  • Disputes over recovering inherited property possessed by others;
  • Contract disputes, civil transactions where heirs participate in proceedings as successor to the rights and obligations of the deceased.

4. Which qualifications are important when choosing a lawyer for inheritance inheritance disputes?

When choosing lawyer for resolving inheritance disputes, you should consider these following important criteria to ensure high-quality and effective legal support:

• Experienced in consulting and resolving cases, with a proven track record of success in similar matters.

• Strong logical and legal reasoning skills, with extensive knowledge of inheritance law.

• Excellent communication skills to understand clients’ concerns and effectively persuade parties during negotiations.

• Highly responsible, committed to client confidentiality, and compliant with legal ethics.

• Enthusiastic and dedicated, ensuring legal issues are resolved promptly and effectively.

• Guarantees reputable legal services with high professional competence.

• Supported by a team of professional, dedicated, and enthusiastic lawyers and specialists who provide ongoing assistance to clients.

5. Why is it necessary to consult a lawyer when inheritance disputes arise?

Not everyone understands and grasps the legal regulations related to inheritance disputes. While information is available online, it must be emphasized that not all issues can be solved independently in accordance with the law and in the most effective way to protect one's legitimate rights and interests. Handling issues without a clear understanding of the law may lead to wasted time, effort, and financial losses, and unsatisfactory outcomes.

By consulting a lawyer to resolve inheritance disputes, clients receive advice on legal regulations related to inheritance, potential legal risks, and appropriate solutions, thereby minimizing these risks. This also saves time, effort, and money when carrying out administrative procedures and legal proceedings with the competent state authorities.

6. How much does it cost to hire a lawyer to resolve inheritance disputes?

When a client hires a lawyer to resolve an inheritance dispute, they seek a professional, ethical, and highly specialized service provider who takes responsibility for the services provided. In practice, each law firm has its own fee policy, which varies based on multiple factors, including expertise, experience and responsibility to the client.

The cost of hiring a lawyer to resolve inheritance disputes is also based on factors such as: the workload that the lawyer must receive, the time needed to complete the tasks (documents research and  clients meetings..), the complexity of the case, the lawyer’s experience, and the client’s specific requirements. Therefore, there is no fixed fee.  If you are looking for a lawyer to resolve inheritance disputes,do not choose based on “low lawyer fees”. Remember "You get what you pay for" and avoid "losing money and gaining nothing", keep in mind what you need from a lawyer and the results the lawyer can deliver.

7. Where to find a lawyer to resolve inheritance disputes?

When an inheritance dispute arises, finding a lawyer to resolve the inheritance dispute is crucial to protect your legal rights  and avoid legal risks. However, not everyone knows where to find the best lawyer for inheritance disputes. A good lawyer not only helps you understand the legal regulations but also supports negotiations, mediation, evidence collection and court representation if needed. So, when you need advice and resolve inheritance disputes, where should you find a lawyer to ensure efficiency and reputation?

8. FAQ

1. Is reconciliation necessary in inheritance dispute?

Yes, because inheritance disputes are conflicts between family members. If these disputes are resolved through the court, they can significantly affect the relationships and emotions of family members—not only for the current generation but alsofuture ones.

Therefore, reconciliation in inheritance disputes is a crucial stage in preserving family relationships and harmony when such disputes arise.

2.Who has the right to file a lawsuit in an inheritance dispute?

Those who have the right to file a lawsuit when an inheritance dispute arises include: The heir under the will - designated in the will; The legal heirs under Article 651 of the 2015 Civil Code.

"Article 651. Legal heirs

1. The legal heirs are classified in the following order:

a) The first-order of heirs includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;

b) Second-order heirs include: paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full brothers, full sisters of the deceased; grandchildren of the deceased who is the paternal grandfather, paternal grandmother, maternal grandfather, or maternal grandmother;

c) Third-order heirs include: paternal and maternal great-grandparents of the deceased; paternal and maternal paternal uncles and aunts of the deceased; nieces and nephews of the deceased who is the paternal and maternal uncle and aunt; great-grandchildren of the deceased who is the paternal and maternal great-grandparents."

3.What is the statute of limitations for filing an inheritance dispute?

According to Article 623 of the Civil Code 2015:

"1. The statute of limitations for an heir to request division of an inheritance is 30 years for real estate and 10 years for movable property, from the time of inheritance opening. After this period, the inheritance belongs to the heir currently managing the inheritance. In case there is no heir currently managing the inheritance, the inheritance shall be settled as follows:

a) The inheritance is owned by the possessor as stipulated in Article 236 of this Code;

b) The heritage reverts to the State, if there is no possessor as stated in Point a of this Clause.

2. The statute of limitations for an heir to request confirmation of their inheritance rights or to reject the inheritance rights of another person is 10 years from the time the inheritance opens.

3. The statute of limitations for requiring an heir to fulfill obligations regarding the deceased's property is 03 years from the time of inheritance opening."

4.Can someone else be authorized to resolve inheritance disputes?

Yes, because according to Article 85 of the Civil Procedure Code 2015, the heir has the right to authorize another person to resolve inheritance disputes. The authorization must be made in writing and notarized or legally authenticated. The authorized person can represent heirs in litigation, negotiation, mediation and protection of rights in court on behalf of the heir.