Legal consultancy services on inheritance

Will - Heritage - Inheritance

The more society develops, the more people care about the Will - Heritage - Inheritance because these issues relate to the practical interests of citizens. As a professional consultant in the field of consulting, Minh Khue Law Firm would like to provide clients with procedures related to the Will - Heritage - Inheritance.

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1. Wills:

A will is an expression of an individual's will to transfer his/her property to another person after his/her death. If the will cannot be made in writing, it can be done in the form of verbal will. The time of opening the inheritance is the time when the possessor dies. The place of inheritance opening is the last place of residence of the estate-leaver; If the last place of residence cannot be identified, the place of opening the inheritance is the place where all or most of the estate is located.

Individuals have the right to make a will to dispose of their property; leave his property to the heir according to law; enjoy heritage under will or by law.

Written wills include:

- Written wills without witnesses;

- Written wills with witnesses;

- Notarized wills;

- Authenticated wills.

- Verbal wills: In case a person's life is threatened by death due to illness or other causes that cannot be made in writing wills, he or she can be willed.

Legal will:

- The testator is conscious and clear while making a will; not deceived, threatened or coerced;

- The content of the will is not contrary to law and social ethics; The form of will does not go against the law.

- The will of a person aged between full fifteen and under eighteen must be made in writing and must be agreed by a father, mother or guardian.

- The will of a person who is physically restricted or who is illiterate must be made in writing by a witness and notarized or authenticated.

- Written wills with no notarization or authentication are considered legal only if they meet all the conditions prescribed by law.

- The verbal will is considered legal, if the testator expresses his or her final will in front of at least two witnesses and immediately after that the witnesses record, jointly sign or point. Within five days from the date the testator expresses his final will, the will must be notarized or authenticated.

2. Donate

- A donating is when a person who makes a will to give a part of the estate to another person. The donation must be clearly stated in the will.

- The person who is donated does not have to perform the property obligations for the donation part, unless the entire estate is not enough to pay the property obligations of the testator, the part of the donation is also used to pay the rest of this person's obligations.

3. Explain wills content:

In the event that the will does not lead to many different interpretations, the will and the heirs must together explain the content of the will based on the previous true will of the dead, with considering the relationship of the dead with an heir.

4. Divide inheritance by law:

If a person dies without a will, or has a will but is not valid, the inheritance division shall be conducted in accordance with law.

5. Heritage includes personal property of the dead, the property of the dead in common property with others.

6. Receive, refuse to receive heritage:

- The heir has the right to receive part of the estate from the deceased if the deceased agrees to donate a part of his/her property, or refuses to receive the estate, except for the case of refusal to evade the performance of property obligations. for others.

- The refusal to receive estate must be made in writing and sent to the estate manager, other heirs, who are assigned the task of dividing the estate to know.

- The refusal to receive estate must be expressed before the time of division of the estate.

7. Services of Minh Khue law firm provide:

- Consultancy on drafting wills.

- Consultation on division of inheritance by law, wills.

- Declaring heritage, refusing to receive inheritance.

- Working with the notary office, the People's Committee in order carry out notarization and probate procedures in accordance with the provisions of law.

- Counsel other issues related to wills - heritage - inheritance

Translated from: Dịch vụ tư vấn pháp luật về thừa kế

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For more information, please contact: MINH KHUE LAW FIRM CO., LTD