Inheritance disputes: when is it necessary to request court intervention?

As a general principle, the distribution of an estate should first be carried out based on an agreement among the heirs. Court proceedings only become necessary when disputes arise among co-heirs that cannot be resolved through mutual agreement, or when the lawful rights and interests of one or more heirs have been infringed. This article analyzes the legal grounds giving rise to the right to initiate legal proceedings, the applicable limitation periods, and the jurisdiction of the courts in resolving inheritance disputes under current Vietnamese law.

1. Grounds Giving Rise to the Right to Initiate Legal Proceedings for Estate Distribution

Under the Civil Code 2015, an heir’s right to initiate legal proceedings arises when there are grounds to believe that his or her inheritance rights are being infringed or are at risk of being infringed. In practice, the most common grounds include:

a. Disputes over the Distribution of the Estate

This occurs when the heirs fail to reach an agreement regarding the proportion of inheritance shares, the allocation of specific assets, or the method of valuation and division of the estate, particularly where the estate consists of real property, capital contributions, or shares in enterprises. In such circumstances, each co-heir has the right to initiate legal proceedings requesting the Court to distribute the estate in accordance with the law.

b. Disputes Regarding the Order of Heirs or Entitlement to Inheritance

Pursuant to Clause 1, Article 651 of the Civil Code 2015, heirs at law are determined according to three statutory classes of heirs. Where disputes arise concerning the determination of blood relationships, adoptive relationships, or whether a particular person falls within the category of persons disqualified from inheriting, such disputes constitute grounds for initiating legal proceedings requesting the Court to recognize or deny a person’s inheritance rights in accordance with Clause 2, Article 623 of the Civil Code 2015.

c. Disputes Regarding the Validity of a Will

Under Article 630 of the Civil Code 2015, a will is deemed lawful if all of the following conditions are satisfied: the testator was of sound mind and fully capable of making the will, and was not deceived, threatened, or coerced; the contents of the will do not violate any prohibitory provisions of law and are not contrary to social ethics; and the form of the will complies with statutory requirements.

Where there are grounds to believe that a will fails to satisfy any of these conditions, such as where the will was made by a person lacking legal capacity, was forged, or was executed under coercion, any person with related rights and interests may initiate legal proceedings requesting the Court to declare the will wholly or partially invalid.

d. Disputes Relating to the Management, Use, or Disposal of Estate Assets

Where one or more co-heirs unilaterally manage, use, lease, or dispose of estate assets without the consent of the remaining co-heirs, such conduct infringes upon the joint ownership rights over the undistributed estate. In such cases, legal proceedings may be initiated not only for the purpose of estate distribution but also to request the Court to apply interim emergency measures in order to prevent the concealment, transfer, or dissipation of estate assets and to secure the enforcement of any future judgment.

2. Limitation Periods for Initiating Legal Proceedings – A Prerequisite for the Protection of Inheritance Rights

Determining the applicable limitation period is crucial, as it directly affects whether the Court will accept and consider the claim. Pursuant to Article 623 of the Civil Code 2015:

• – The limitation period for an heir to request the distribution of an estate is thirty (30) years for immovable property and ten (10) years for movable property, calculated from the commencement of the inheritance;
• – The limitation period for an heir to request recognition of his or her inheritance rights, or denial of another person’s inheritance rights, is ten (10) years from the commencement of the inheritance;
• – The limitation period for requesting heirs to perform property-related obligations left by the deceased is three (3) years from the commencement of the inheritance.

Pursuant to Clause 1, Article 611 of the Civil Code 2015, the commencement of inheritance is the time when the deceased passes away.

If the limitation period expires without any heir exercising the right to initiate legal proceedings, the legal consequences prescribed under Clause 1, Article 623 of the Civil Code 2015 will apply. Specifically, the estate shall belong to the heir currently managing the estate. If no heir is managing the estate, ownership shall belong to the possessor in accordance with Article 236 of the Civil Code 2015, or to the State if there is no possessor. Accordingly, failure to exercise inheritance rights within the statutory limitation period may result in the loss of the right to request the distribution of the estate.

It should also be noted that under Clause 2, Article 184 of the Civil Procedure Code 2015, the Court shall apply the statute of limitations only upon a party’s request, provided that such request is made before the first-instance court issues its judgment or decision.

3. Important Considerations When Exercising the Right to Initiate Legal Proceedings

Based on the foregoing legal provisions, persons intending to initiate inheritance-related proceedings should consider the following:

• – Determine the commencement of inheritance and the applicable limitation period corresponding to each type of claim (estate distribution, recognition/denial of inheritance rights, or enforcement of property-related obligations) as soon as a dispute arises;
• – Collect and preserve all documents and evidence proving the inheritance relationship (such as birth certificates, death certificates, marriage certificates, and other civil status documents), as well as documents evidencing ownership or use rights over estate assets (such as land use right certificates and ownership certificates), and the will (if any);
• – Where there is a risk that estate assets may be concealed, transferred, or dissipated, consider requesting the Court to apply interim emergency measures simultaneously with the filing of the lawsuit;
• – Seeking legal advice from a lawyer at the negotiation or mediation stage is highly important for properly assessing the legal grounds, limitation periods, and appropriate dispute resolution strategy, thereby minimizing unnecessary litigation costs.

Inheritance disputes involve more than simply determining who is entitled to what portion of an estate. They may simultaneously concern heirship status, the validity of a will, limitation periods, property rights, obligations left by the deceased, and the jurisdiction of the courts.

Accordingly, before commencing legal proceedings, persons with related rights and interests should carefully review the commencement of inheritance, the nature of the assets, the identity of the heirs, the validity of the will, the applicable limitation periods, and the competent court in order to determine the most appropriate legal strategy.

Should you require further assistance, please contact:

Litigation and Legal Advisory Lawyer: Hoang Phuong Trang

• – Email: info@bizlawyer.vn
• – Hotline: 086.885.1900

Sincerely.