1. In case no name in the will still inherits
Clause 1, Article 644 of the 2015 Civil Code stipulates:
“1. The following persons shall still be entitled to an inheritance portion equal to two-thirds of the portion of a legal heir if the inheritance is divided according to law, in case they are not given an inheritance by the testator or are given an inheritance portion less than two-thirds of that portion:
a) Minors, father, mother, wife, husband;
b) Adult children (18 years of age or older) who are unable to work".
Thus, even if the testator does not give them an inheritance, the following two cases are still entitled to receive an inheritance portion equal to two-thirds of the portion of a legal heir if the inheritance is divided according to the law.
Note: The provision that the heir is not dependent on the content of the will does not apply to those who refuse to receive the inheritance as prescribed in Article 620 or those who are not entitled to inherit as prescribed in Clause 1, Article 621 of the 2015 Civil Code.
2. Procedures for notarizing documents declaring inheritance
According to Article 58 of the 2014 Notarization Law, heirs who are eligible to make an inheritance declaration have the right to request notarization of the Inheritance Declaration Document.
In particular, the notarization of this document is carried out according to the provisions of the Law on Notarization and guiding documents.
Step 1: Prepare documents
Note, for documents requiring copies, it is required to bring the original for comparison before receiving the notarized Declaration of Inheritance.
Step 2: Notarize the Declaration of Inheritance
Step 3: Posting the acceptance of the inheritance declaration document
After the application is received, the notary organization will publicly post it at the headquarters of the People's Committee of the commune where the testator last resided.
In case the last permanent residence cannot be determined, the notice shall be posted at the person's last temporary residence. The posting period is 15 days.
Step 4: Instructions for signing the Declaration of Inheritance
After receiving the listing without any complaints or denunciations, the notary organization will process the file:
- If there is a draft of the Declaration: The notary public checks the contents of the document to ensure that there are no provisions that violate the law or social ethics...
- If there is no draft: The notary will draft it according to the request of the heir. After the draft is completed, the heir will read the content again, agree and will be guided by the notary to sign the Declaration of Inheritance.
Step 5: Sign the certificate and return the result
The notary requires the heir to present the originals of the above-mentioned documents for comparison before signing the confirmation on the Testimony and each page of this Declaration.
After signing, we will collect fees, notary fees, other costs and return the original Declaration of Acknowledgement to the heir.
