Can a mentally disabled child inherit?

Như Hạ |

A mentally disabled child has the right to inherit in many cases, whether or not he or she is named in the will.

1. In case a mentally disabled child is named in the will

According to the provisions of Clause 1, Article 659 of the 2015 Civil Code, in case the will clearly divides the inheritance for a mentally disabled child, they will receive that inheritance according to the will.

If the will does not clearly specify the inheritance, the inheritance will be divided equally among all heirs mentioned in the will, including the mentally disabled child.

A will is an expression of an individual's will to transfer his or her assets to others after death. Therefore, any act that prevents mentally disabled people from receiving inheritance in accordance with their rights will be severely punished according to regulations.

2. In case a mentally disabled child is not named in the will

If not named in the will, a mentally disabled child is still entitled to inherit because this is one of the 6 subjects entitled to inherit regardless of the will, including:

- Minors, father, mother, wife, husband.

- Minors who are unable to work.

(According to Article 644 of the 2015 Civil Code)

Accordingly, except in cases of refusing to receive inheritance or not having the right to inherit according to the provisions of Clause 1, Article 621 of the 2015 Civil Code, a mentally disabled child still has the right to receive a portion of the inheritance equal to 2/3 of the portion of a legal heir if the inheritance is divided according to the law.

In case a mentally disabled person is not entitled to the inheritance that he or she is entitled to according to regulations, he or she has the right to file a lawsuit in Court to request division of the inheritance.

3. In case the deceased did not leave a will

If there is no will, the entire estate of the deceased will be divided according to the law.

According to Article 651 of the 2015 Civil Code, if there is no will, the inheritance will be divided equally among the first order of heirs including: wife, husband, parents, adoptive parents, biological children, and adopted children of the deceased.

Accordingly, the entire inheritance will be divided equally among the heirs according to the provisions of Article 651 of the Civil Code, including the mentally disabled child in the first order of inheritance.

Như Hạ
TIN LIÊN QUAN

Do land inheritance disputes have to be mediated at the Commune People's Committee?

|

Land inheritance disputes are one of the common disputes that many people are concerned about.

Do daughters get the same benefits as sons when inheriting real estate

|

When dividing real estate inheritance among children, there may be bias among children, especially between sons and daughters.

3 things to know about making a will to inherit real estate for children

|

Making a will to inherit real estate for children is one of the common procedures. The following article will present some notes to know for the will to be effective.

Madam Pang apologizes for Thailand women's team's inability to compete in Asian tournament

|

President of the Football Association of Thailand (FAT) Madam Pang has written a letter of apology to fans after the Thai women's team could not participate in the 2026 Women's Asian Cup.

Difficult problem of real estate enterprises when calling for capital in bonds

|

The story of real estate businesses calling for capital through bonds will be very "hot" in the coming time with maturity pressure and new criteria.

In the middle of the night, a couple drowned while driving into a dam in Quang Ninh

|

Quang Ninh - A serious drowning incident occurred last night at Ben Chau dam, Binh Khe ward, Quang Ninh province, killing a couple.

Ministry of Health blocks self-declared road, tightens functional foods

|

Tightening the management of functional foods, businesses will no longer be allowed to self-declare products as before.

Ukrainian President Optimistic After Phone call with Trump

|

Ukrainian President Zelensky praised the July 5 phone call with President Trump, expressing optimism about the aid of patriot air defense systems.

Do land inheritance disputes have to be mediated at the Commune People's Committee?

Nhóm PV |

Land inheritance disputes are one of the common disputes that many people are concerned about.

Do daughters get the same benefits as sons when inheriting real estate

Như Hạ |

When dividing real estate inheritance among children, there may be bias among children, especially between sons and daughters.

3 things to know about making a will to inherit real estate for children

Nhóm PV |

Making a will to inherit real estate for children is one of the common procedures. The following article will present some notes to know for the will to be effective.