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.
