Article 644 of the 2015 Civil Code stipulates that heirs do not depend on the content of the will as follows:
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) Minors who are unable to work.
2. The provisions of Clause 1 of this Article shall not apply to persons who refuse to receive inheritance as prescribed in Article 620 or who are not entitled to inherit as prescribed in Clause 1, Article 621 of this Code.
Specifically, Article 620 stipulates the refusal to receive inheritance as follows:
- The heir has the right to refuse to receive the inheritance, except in cases where the refusal is aimed at avoiding the performance of his/her property obligations to others.
- The refusal to accept the inheritance must be made in writing and sent to the estate administrator, other heirs, and the person assigned to divide the inheritance for information.
- The refusal to accept the inheritance must be expressed before the time of inheritance division.
Article 621 of this Law stipulates that people who are not entitled to inherit are as follows:
- The following people are not entitled to inherit:
a) A person convicted of intentionally infringing upon the life or health of the person leaving the inheritance, or of seriously mistreating or torturing the person leaving the inheritance, or of seriously infringing upon the honor or dignity of that person;
b) A person who seriously violates the obligation to support the person leaving the inheritance;
c) A person convicted of intentionally infringing upon the life of another heir in order to receive part or all of the inheritance to which that heir is entitled;
d) A person who deceives, coerces or prevents the testator from making a will; forges a will, alters a will, destroys a will, or conceals a will in order to receive part or all of the inheritance against the testator's wishes.
- The persons specified in Clause 1 of this Article are still entitled to inherit the estate, if the testator knew of the actions of those persons, but still allowed them to inherit the estate according to the will.
