1. What is land inheritance?

Inheritance refers to transferring the property of own the deceased to survivors, the bequeathed property is called an estate.

Land inheritance or accurately inheritance of land use right refers to transferring the property of own the deceased to heirs according to a testament or inheritance at law, conforming with the provisions of  Civil Code and Land Law.

2. Cases of land inheritance

According to the law on inheritance, there are two cases of land inheritance as follows.

a. Land inheritance under a testament

A person whose property is the land use right has made a testament to dispose of such property for another person before his/her death. The content and form of the property disposing testament must comply with current laws, avoiding the case that the testament is invalid when the parties have a dispute.

b. Land inheritance by intestacy laws

When the deceased has an estate without a testament before his/her death, then the property which is the land use right will be divided by intestacy laws. Inheritance by intestacy laws is divided according to orders of succession, satisfying the requirements and orders prescribed by intestacy laws.

3. Disputes related to land inheritance

“An inch of land is worth an inch of gold”, the more increasing the value of land use rights are, the more disputes related to land arise. Land inheritance disputes are also among them, they appear in many different forms and circumstances, but in general, the following cases can be included:

• Requesting the heirs to perform the property obligations bequeathed by the deceased, the expenses arising from the estate which is land use right;
• Requesting for dividing the estate according to a testament or intestacy laws;

• Requesting for confirmation inheritance rights or disinheriting rights of others.

4. Why is it necessary to retain a Land Inheritance Lawyer?

As mentioned, land inheritance is a complex legal relationship, involving many other related relationships. This relationship is not only governed by the Civil Code but also by the Land Law and related circulars and decrees; the heirs shall not only be entitled to the estate but also have other attached responsibilities and obligations… Moreover, the process of renovation, planning land makes the issuance of land use right certificates overlapping, unclear. Thus, it is necessary to have a Lawyer with expertise and experience in land inheritance to help the Client:

• Answering legal and practical questions;
• Avoiding unnecessary risks;

• Advising on legal rights;

• Handling issues arising during the dispute.

5. What do the Land Inheritance Lawyers do?

The Land Inheritance Lawyer of Phong & Partners shall perform the following main tasks.

a. Advising on making a testament:

• Advising on requirements and principles when making a testament;
• Advising on how to divide the estate under a testament;

• Advising on drafting and making a testament;

• Advising on issues arising after the effective testament

b. Advising on division of inheritance:

• Advising on inheritance rights according to intestacy laws and a testament;
• Advising on how to divide the estate;

• Advising on declaration and refusal to receive the estate;

• Advising on cases of ineligible inheritance;

• Advising on related obligations after receiving the estate;

• Assessing the legality of the testament;

• Assessing the legal status of the estate.

c. Settlement of land inheritance disputes by suing lawsuits at Court

• Researching relevant legal documents and regulations;
• Assessing the advantages and disadvantages when conducting lawsuits;

• Advising on drafting lawsuit petitions, counter-claims and guiding lawsuit procedures;

• Representing and settling land inheritance disputes at Courts and other state agencies;

• Researching solutions and participating in litigation at Court.

6. Where can You find a Land Inheritance Lawyer?

It is not difficult to find a lawyer to settle land inheritance disputes, but it is not simple to find a real reputable Land Inheritance Lawyer in Danang city. With nearly 20 years of experience and the “heart” always on top, the Land Inheritance Lawyers of Phong & Partners are proud of always being an optimal or the best choice of clients.

7. How much does it cost to retain a Land Inheritance Lawyer?

Each clients’ land inheritance dispute has different characteristics and levels of complexity; The Land Inheritance Lawyer shall base on the dossiers and content of the dispute to provide a resolution in accordance with the wishes and actual circumstances of the client at a reasonable and effective cost. At Phong & Partners, all legal costs will be transparent and clearly agreed upon between Phong & Partners and the client before performing the work.

If You need to use the Inheritance Lawyer Lawyer service in Danang city of Phong & Partners, do not hesitate to contact us for more specific advice.

==============

PHONG & PARTNERS LAW FIRM

Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh, Da Nang - 0905.102425

           Son Tra Branch: 01 Dong Giang, Da Nang - 0905.205624s

           Lien Chieu Branch: 21 Truong Van Da, Da Nang - 0901.95099

           Ngu Hanh Son Branch: 03 Chu Cam Phong, Da Nang - 0905.579269

Tel: 0236.3822678

Email: Phongpartnerslaw@gmail.com

Web: https://phong-partners.com