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Inheritance and stepson's wife when no marriage licenses

Question:

After my mother died, my father went one step further but the two did not register the marriage. During marriage, two people do not arise assets, including 01 who own daughter. So when my father died, my father's assets have divided the wife and daughter plan her own or not?

Answer:

The problem you may ask occur in either of the following circumstances:

- The first case: when your father takes the testator. In this case, in accordance with the provisions of Article 648 of the Civil Code in 2005, the father, you have the following rights:

"1. Specify the heir; disinherited heir's heir;

2. Defining the heritages of each heir;

3. Take part in the estate assets to legate, worship;

4. To assign duties to their heirs;

5. Specify the holder of wills, estate managers, who divides heritage ".

 So, your father absolutely right to share his heritage to his wife and stepdaughter design.

- The second case: Your father left a will, but the will not legal or there is no will. In this case, the division of property inheritance according to the law of inheritance line. Specifically, paragraph 1 of Article 676 provides:

"1. The legal heirs are specified in the following order:

a) First of inheritance include: wife, husband, father, mother, adoptive father, adoptive mother, adopted children of the deceased;

b) Every Monday inheritance include: grandfather, grandmother, grandfather, grandmother, brother, sister, younger brother of the deceased; nephew of the deceased that the deceased grandfather, grandmother, grandfather, grandmother;

c) Every third successor including grandfather, grandfather of the dead; aunt, uncle, uncle, aunt, aunt of the deceased; nephew of the deceased is dead aunt, uncle, uncle, aunt, aunt, great-grandson of the intestine where the dead are dead grandfather, grandfather ".

As stated, the content you publish your marriage with his new wife should follow the Law on Marriage and the Family, 2014, if men and women are eligible to marry under the provisions of this Act as living together couples without marriage registration shall not give rise to rights and obligations between husband and wife. At the same time, the child's own wife had no relationship with the parent unless it is adopted under the provisions of law that nuoi.Do child, his new wife (no marriage) and stepchildren of the case are not under the heir at law.

author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

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