Inheritance is often seen as a symbol of continuity and connection between generations, a way for individuals to pass down their hard-earned assets and values to their loved ones. However, what should ideally be a peaceful transition can sometimes become a source of contention and conflict within families. Inheritance disputes can arise due to a variety of reasons, ranging from differing interpretations of a will to disagreements over the distribution of assets. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email firstname.lastname@example.org or hotline - 0903.419.479 for legal advice and support.
Disputes over inheritance law currently include 04 types, specifically as follows:
Settlement Of Disputes Over Division Of Inheritance
Inheritance disputes arise from the request to divide the inheritance of the deceased by the involved parties in the inheritance case.
Disputes over division of inheritance are understood as conflicts and contradictions between subjects in establishing ownership rights to the part of the estate that the deceased has left to each living person who has the right to inherit. in the common estate after the property obligations of the deceased have been fulfilled.
Disputes over inheritance include the following characteristics:
Disputes over confirmation of inheritance rights are types of disputes arising from the request to confirm the inheritance rights of one or several people in the inheritance relationship.
According to the provisions of Article 609 of the 2015 Civil Code, the right to inheritance includes the following rights: the right to make a will to dispose of property to others upon its death and the right to enjoy the inheritance of the deceased. leave an estate in accordance with the will or in accordance with the current law on inheritance.
Disputes about confirmation of inheritance are a type of dispute that often occurs in life because there are some inconsistencies between the provisions of the law and the actual implementation. Disputes over confirmation of inheritance often occur in the following two cases:
In order to initiate a lawsuit requesting the division of the inheritance, it is first necessary to determine who has the right to inherit the inheritance. According to regulations, there are two forms of inheritance: inheritance according to will and inheritance according to law.
Person with the right to inherit under the will: A person designated in the will to receive the portion of the estate left by the deceased.
Persons entitled to inherit according to law: Inheritance according to law is inheritance according to the line of succession
Specifically, according to the provisions of Article 651, the legal heirs are specified in the following order:
“a) The first line of inheritance includes: wife, husband, biological father, natural mother, adoptive father, adoptive mother, biological child, adopted child of the deceased;
b) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, grandmother, biological brother, sister, biological brother of the deceased; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
c) The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandchildren of the dead, but the dead are paternal and maternal great-grandparents."
According to the provisions of Article 26 of the 2015 Civil Code, disputes over property inheritance are disputes within the jurisdiction of the Court.
Pursuant to the provisions of Articles 35 and 38 of the 2015 Civil Code, inheritance disputes fall under the jurisdiction of the district-level People Courts, except where the involved parties or assets are located abroad, the disputes will fall under the jurisdiction of settlement. of the People Court of the province.
According to the provisions of Article 623 of the Civil Code 2015:
The statute of limitations for the heir to request the division of the estate is 30 years for immovable property, 10 years for movable property, from the time of opening the inheritance. At the end of this period, the estate belongs to the heir who is managing the estate.
The time of opening the inheritance is the time of death of the owner of the property (Article 611 of the Civil Code 2015).
Settlement Of Disputes Over Division Of Inheritance
Inheritance disputes are complex and emotionally charged matters that can have a lasting impact on family relationships. However, with thoughtful communication, legal guidance, and a willingness to seek amicable solutions, families can navigate these challenges and preserve the legacies of their loved ones. By understanding the causes of disputes and exploring various methods of resolution, families can strive to turn what could be a divisive situation into an opportunity for growth, understanding, and unity. Please feel free to contact Apolo Lawyers Law Firm via email email@example.com or hotline - 0903.419.479 for legal advice and support.
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