Inheritance land disputes with foreign elements

The right to inheritance is the legal right of each person. The process of dividing inheritance with foreign elements inheriting land sometimes leads to conflicts between those with rights and obligations.

Accordingly, forms of inheritance disputes with foreign elements in the field of land also have many common forms. Join DFC law firm to understand the issues of land inheritance with foreign elements with the article below.

1. What is inheritance with foreign elements in the field of land?

The division of assets being inherited land with foreign elements here is: The person who left the property is the land and the heir to that land is a foreigner or a Vietnamese residing abroad or the property is that the land is currently abroad.

Inheritance disputes with foreign elements

2. Regulations on inheritance of land with foreign elements under law

Similarly, the Law on Land Inheritance under the law stipulated in the Civil Code, inheritance of land with foreign elements must also be based on the will of the person leaving the property. If there is no will or will that is not legal, the property is that the land will be divided in accordance with the provisions of law.

3. Inheritance of land with foreign elements according to wills

Regarding the division of inherited assets according to wills with foreign elements in the field of land, the Civil Code provides as follows:

• The making of a will, change and cancellation of a will must comply with the laws of the Country in which the will-make person has nationality.
• The form of the will must comply with the laws of the Country in which the will is made.

To resolve legal disputes over the making, change and cancellation of wills, Vietnam applies the laws of the country where the will-make person has nationality. Vietnamese law will be applied for settlement when the person making, changing and cancelling a will is a Vietnamese citizen who implements and does not apply Vietnamese law to foreign nationals.

Therefore, in order to resolve inheritance disputes according to wills,Vietnam applies the legal principles of the countries where the will is made. If a Vietnamese citizen made a will abroad, he or she must comply with the provisions of foreign law on the form of a will; If a foreign citizen made a will in Vietnam, he or she is required to comply with Vietnamese law on wills.

4. Inheritance of land with foreign elements under law

Inheritance of land with foreign elements under the law is the case where no will or will is not recognized as valid. In the Law on Inheritance, the beneficiary (inheritance row), conditions and order of inheritance are prescribed by law and not at the will of the person who left the right to inheritance. In other words, land inheritance under the law the division of land assets on the basis of state intervention through the Law on Inheritance.

Article 650 of the Civil Code 2015 provides for specific cases of inheritance under the law as follows:

Article 650. Cases of inheritance under the law

Inheritance under the law applies in the following cases:

a) No will;

b) Illegal wills;

c) Heirs who follow a will die before or die at the same time as the test-takeer; agencies and organizations entitled to inheritance under wills no longer exist at the time of opening the inheritance;

d) Those who are named heirs under a will without the right to inherit or refuse to receive the estate.

Inheritance under the law also applies to the following parts of the estate:

a) The part of the estate that is not determined in the will;

b) The part of the estate related to the part of the will which is not legally valid;

c) The part of the estate relating to the heir according to the will but they have no right to inherit the estate, refuse to receive the estate, die first or die at the same time as the test-makeer; related to the agency or organization entitled to the estate according to the will, but no longer exists at the time of opening the inheritance.

5. Inheritance disputes with foreign elements in the field of land

Disputes over the division of inheritance involving foreign elements in the field of land are often related to issues such as determining heirs, inherited goods, inherited land, rights and obligations of heirs and managers of inheritance assets, as follows:

• Disputes over inheritance goods in accordance with law;
• Disputes over the right to inherit land use rights and properties attached to land;
• Disputes over property obligations on land left by the will-make;
• Disputes over land division under law;
• Disputes over the transfer of ownership of land and property attached to land.

5.1 Identification of subjects of land inheritance disputes

Subjects of land inheritance disputes with foreign elements are generally stipulated in Clause 2, Article 663 of the Civil Code 2015:

a) At least one of the parties participating is a foreign individual or legal person

b) The parties are all Vietnamese citizens or Vietnamese legal bodies but the establishment, change, implementation or termination of such relations occurs abroad;

c) The parties are all Vietnamese citizens or Vietnamese legal people but the subjects of such civil relations are abroad.

5.2 Do land disputes with foreign elements need to be reconciled?

Regarding the right to inheritance with foreign elements when the dispute involves "Who has the right to inherit land use" must be conducted mediation of land disputes. For other disputes over land inheritance or disputes over transactions related to land use rights, mediation is not required.

5.3 Authority to settle land disputes with foreign elements?

Land inheritance disputes with foreign elements are civil disputes under the jurisdiction of courts under Article 26 of the Civil Procedures Code.

• Specifically, Article 39 stipulates that disputes over inheritance involving litigance or property abroad or judicial mandates for Overseas Vietnamese consular bodies or foreign courts falls under the jurisdiction of the provincial People's Courts.

5.4 Dossiers for settlement of land disputes with foreign elements.

5.5 Cases settled in court, records include:

• Petitions;
• Minutes of mediation;
• Evidence proving the request to initiate a lawsuit;
• Documents verifying the defendant's place of residence.

Cases settled at the People's Committee, dossiers include:

• Request for settlement of land disputes;
• Minutes of land dispute mediation;
• Other documents.

Thank you for reading the article, any questions about the law please contact the Legal Advice Center 19006512 for advice from lawyers.