Chương XXIV Bộ luật Dân sự 2005: Thừa kế theo pháp luật

Chapter XXIV

INHERITANCE AT LAW

Article 674.- Inheritance at law

Inheritance at law is inheritance in accordance with the ranks, conditions and order of inheritance provided for by law.

Article 675.- Cases of inheritance at law

1. Inheritance at law shall apply in the following cases:

a/ There is no testament;

b/ The testament is unlawful;

c/ All the testamentary heirs die before or at the same time with the testator; the agency or organization designated as testamentary heir is no longer in existence at the time of opening the inheritance;

d/ The persons designated as testamentary heirs shall not have the right to inherit or have disclaimed their inheritance rights.

2. Inheritance at law shall also apply to the following parts of the estate:

a/ Part of the estate, which is not disposed of in the testament;

b/ Part of the estate, which is related to the invalid part of the testament;

c/ Part of the estate, which is related to a testamentary heir, who, however, does not have the right to inherit or who has disclaimed his/her inheritance rights, or who dies before or at the same time with the testator; or related to an agency or organization which is designated as testamentary heir, which is, however, no longer in existence at the time of opening the inheritance.

Article 676.- Heirs at law

1. Heirs at law are classified in the following order:

a/ First rank of inheritance shall include wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children and adopted children of the decedent;

b/ Second rank of inheritance shall include paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, natural brother(s) and sister(s) of the decedent; grand-children of whom the decedent is the paternal grandfather or grand-mother, maternal grandfather or grandmother;

c/ Third rank of inheritance shall include paternal and maternal great-grandparents; paternal and maternal uncles and aunts by blood of the decedent; nephews and nieces of whom the decedent is the paternal or maternal uncle or aunt by blood; great grand-children of whom the decedent is the paternal or maternal great grandparents.

2. Heirs belonging to the same rank of inheritance shall be entitled to equal portions in the estate.

3. Heirs belonging to the subsequent rank of inheritance shall be entitled to inheritance only if none of the heirs of the preceding rank of inheritance is left as they have died, are not entitled to the estate, are disinherited or disclaim the estate.

Article 677.- Inheritance by substitution

In cases where a child of an estate leaver dies before or at the same time with the estate leaver, then his/her grandchild shall be entitled to inherit the part of the estate that his/her father or mother would have inherited if he or she is still alive; if such grandchild also dies before or at the same time with the estate leaver, then the great grandchild of the estate leaver shall be entitled to inherit the part of the estate that his/her father or mother would have inherited if he or she is still alive.

Article 678.- Inheritance relation-ship between adopted children and their adoptive fathers, adoptive mothers and their biological parents

An adopted child and his/her adoptive father and/or mother shall be entitled to inherit each other's estate and also inherit the estate in accordance with the provisions of Articles 676 and 677 of this Code.

Article 679.- Inheritance relation-ship between stepchildren and their stepfathers and/or stepmothers

If a stepchild and his/her stepfather and/or stepmother have a relationship of mutual care and support as between a biological father and a biological child or between a biological mother and a biological child, they shall be entitled to inherit each other's estate and also inherit the estate in accordance with the provisions of Articles 676 and 677 of this Code.

Article 680.- Inheritance in cases where wife and husband have divided their common property, are applying for divorce or have married another person

1. In cases where husband and wife have divided their common property while their marriage still exists and one of the spouses thereafter dies, then the survivor shall still be entitled to inherit the other's estate.

2. In cases where wife and/or husband have/has applied for divorce but the divorce has not yet been approved or has already been approved by a court through a judgment or decision which is not legally effective yet, and one of the spouses thereafter dies, then the survivor shall still be entitled to inherit the other's estate.

3. A person who was still wife or husband of the decedent at the time the latter dies shall still be entitled to inherit the decedent's estate even if he/she later has married another person.