Reader T.K. H (Phu Tho) wondered: "In case grandparents die without leaving a will, the family has 4 children, how will the inherited land be divided?
In case the child has passed away, will the inherited land be divided among the grandchild (the child of the deceased child)?
Answering this question, lawyer Nguyen Ngoc Tu - Law Firm LawKey Co., Ltd. said that when grandparents die without leaving a will, the land (legacy) will be divided according to law (Article 650 of the 2015 Civil Code).
Determining the first line of inheritance (Article 651): Including wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child of the deceased.
At the time of their death, their father-in-law was no longer there and they only had 4 children, so these 4 children belonged to the first line of inheritance.
Accordingly, the inheritance will be divided equally into 4 equal parts for 4 children. Based on Article 652 on inheritance of position, in case the child dies, the land will be divided among the grandson depending on the time the child dies:
Case 1: The child died before or at the same time as the grandparents:
The nephew is fully entitled to land allocation.
the nephew will replace his/her parents' position to receive the inheritance that his/her parents should be entitled to.
Case 2: The child died after the time the grandparents died:
The grandchild is still entitled to land but according to the inheritance from his/her parents, not as a position.
- How to divide: When the child dies later, the land this person inherited from their grandparents becomes their own inheritance. This land will continue to be divided among the first heir of the child (including his wife/husband and children of that person).
