IS IT PERMISSIBLE TO REFUSE INHERITANCE?

Inheritance refers to the assets left behind by a deceased individual for their heirs, either as stipulated in a will or in accordance with the law. However, inheritance does not always provide benefits to the recipient. In many cases, it may come with obligations or legal burdens that the inheritor has no wish to bear. In such circumstances, the question of whether the inheritor has the right to refuse inheritance becomes a significant legal issue.

The inheritor has right to refuse inheritance

Inheritance includes the deceased’s separate property and their portion of joint property shared with others. Within the scope of the inheritance left by the deceased, heirs are responsible for fulfilling financial obligations, unless otherwise agreed.

As stipulated in the 2015 Civil Code, inheritor has the right to refuse inheritance, except in cases where the refusal is intended to evade their own financial obligations to others.

The refusal by the inheritor to the inheritance also needs to meet certain conditions

The inheritor’s refusal to accept an inheritance must meet the following conditions:

– It must not be for the purpose of evading the performance of their financial obligations to others.

– The refusal must be documented in writing and sent to the estate manager, other inheritor, or the person tasked with distributing the estate.

– The refusal must be expressed before the inheritance is divided.

Refusal of written inheritance can be notarized or certified

Notarization of the written refusal of inheritance

The inheritor may request the notarization of the written refusal of inheritance. The notarization is carried out by a notary at a licensed notarial practice organization in accordance with the law.

Upon requesting notarization of the written refusal, the requester must provide the following documents:

– The copy of the will in the case of inheritance by will, or documents proving the relationship between the deceased and the requester as per inheritance law;

– The death confirmation or other documents proving that the deceased has passed away.

Certification of the written refusal of inheritance

The inheritor may also request certification of the refusal document.

Certification is conducted at the People’s Committee office at the commune level.

>> CONDITIONS FOR INHERITANCE OF LAND USE RIGHTS FROM AUGUST 1, 2024 https://linconlaw.vn/conditions-for-inheritance-of-land-use-rights-from-august-1-2024/

>> ARE WRITTEN WILL WITHOUT WITNESS RECOGNIZED? https://linconlaw.vn/are-written-will-without-witness-recognized/