Split inheritance - Legal issues to consider

Rules on inheritance is one of the complex rules of the Civil Code because it is prescribed by law in order to establish the property rights of the dead for the living. Current law stipulates: "Individuals may make a will to dispose of his property; leave their assets to their heirs at law; inherit property by will or by the law. "

But in reality not everyone has enough cognitive and behavioral capacity to dispose of the property under its ownership, so the law stipulates 02 cases heirs are legal heirs and heirs testamentary. Within the scope of this article Ha Do Lawyers Law only refers to matters of inheritance law and issues related to the statute of limitations on inheritance.

Civil law provisions on the statute of limitations on inheritance as follows: "The statute of limitations for heirs divided the estate requirements, confirm their inheritance rights or reject birthright of others is ten years from the time of opening the inheritance. The statute of limitations to require heirs fulfill the obligations of the assets of the decedent is three years from the time of opening the inheritance ". Thus, after a period of 10 years from the time people leave a legacy of death, heirs are no longer entitled to sue heirs divided the estate requirements, claimed his inheritance or denied inheritance rights of people Other; and after a period of 3 years, individuals, organizations no longer have the right to sue requested heirs fulfill the obligations of the assets of the decedent.

Institutionalization of dividing inheritance

Agreeing with the opinion of some legal experts, Ha Do Lawyers Law says: The statute requires the birthright 10 years from the date of the deceased's death is irrational, not really solve thoroughly some cases occur in practice. Although the Supreme People's Court has resolved this situation by Resolution 02/2004 / NQ-Judicial Date 08/10/2004 (called Resolution 02), whereby, when a dispute over inheritance 10 years has expired, the Court will address procedural division of common property, as follows:

1. If, within ten years from the time of opening the inheritance that the heir no dispute about the birthright and has written and co-heirs confirm or after the expiration of ten years that the heir no dispute about inheritance row and heritage acknowledged by the decedent not share the heritage that turn into common property of the heirs. When there is a dispute and request the court to settle shall not apply the statute of limitations on the right to inherit, which applies the provisions of the law on marital property division to solve. and should be distinguished as follows:

Where there is a will, but the contract is not disputed inheritance and property sharing arrangements will be made by will when required property division, the division of marital property that is implemented by will.
Where there is no will but the inheritance contract agreement on part each person wishing to enjoy the property division, the division of marital property that comply with their agreement.
Where there is no will and no heirs Council agreement on part each person wishing to enjoy the property division, the division of marital property that is done under the provisions of the law on marital property division .
2. If the deceased left a legacy for the heirs inherit but not directly manage and use that heritage is being occupied by illegal to possess or rent, borrow, authorized management. .. the heirs have the right to sue others to reclaim that heritage.

However, the provisions on the Resolution still can not thoroughly solve the problem, because, after a period of 10 years, to the Court accepts the settlement division of common property, it must satisfy two conditions are "no disputes related to inheritance "and" heritage acknowledged by the decedent not divided ". In the case of co-heirs are in dispute with each other, the Resolution does not mention how to deal when people are managing and benefiting from legacy not required to sign the estate. This can be seen as typical defect cases of inheritance case in practice divide that so far no satisfactory answer.

To solve the problem thoroughly, overcome obstacles and shortcomings mentioned above, Ha Do Lawyers Law that should amend the provisions of the law in the direction of extending the statute requires the court divide the inheritance from 10 years to 30 years. Also allow the Court accepts the handling of a case when there is a request of the legitimate heir. /.

To get accurate advice and timely, you can contact directly with Ha Do Lawyers Law under 24/7 call center consulting: 1900 62 80

Lawyers - Legal fulcrum for sustainable development