When a person dies, who is entitled to their assets? If an heir dies before them, what happens to that share of the estate? The following are some important rules on inheritance.

Heirs and the opening of succession

Under Article 613 of the 2015 Civil Code, an individual heir must be alive when the succession opens.

Under Article 611(1) of the 2015 Civil Code, the succession opens at the time of the deceased's death.

Testamentary succession

Under Article 643 of the 2015 Civil Code:

  • A will takes effect when the succession opens, namely when the testator dies.
  • A will is wholly or partly ineffective if a beneficiary dies before, or at the same time as, the testator.
  • The portion of the estate covered by an ineffective testamentary provision passes under the intestacy rules pursuant to Article 650(2) of the 2015 Civil Code.

Example: A makes a will leaving his house to his two children, B and C. B dies before A. When A dies, the provision leaving property to B is ineffective, and that portion of the estate passes under the intestacy rules; it does not automatically pass to C.

Intestate succession

Under Article 651 of the 2015 Civil Code, the first rank of heirs comprises:

  • The deceased's spouse.
  • The deceased's biological and adoptive parents.
  • The deceased's biological and adopted children.

Heirs within the same rank receive equal shares of the estate.

Inheritance by representation

Under Article 652 of the 2015 Civil Code, if a child of the deceased dies before, or at the same time as, the deceased, that child's children inherit the share their parent would have received if still alive. If a grandchild also dies before, or at the same time as, the deceased, the corresponding share passes to the great-grandchildren.

Example: A dies intestate, leaving an estate worth VND 600 million. His wife, B, and child, D, survive him; his parents have both died. His other child, C, predeceased him, leaving one child, E.

A's estate is distributed as follows:

  • B: VND 200 million.
  • D: VND 200 million.
  • E: VND 200 million, representing C's share.

Identifying who inherits also requires consideration of any will, family relationships, separate and jointly owned property, liabilities attached to the estate and the circumstances of the case. NORIS LAW can advise on inheritance matters and assist with the relevant procedures.