Inheritance Disputes in Vietnam When a Will Covers Only Part of the Estate

Inheritance is a legal matter that touches every family. It involves not only property rights but also family relationships and emotions. Disputes often arise when a will is unclear, invalid, or covers only part of the estate, leaving the rest to be divided by law. Judgment No. 200/2024/DS-PT of the High People’s Court in Da Nang illustrates how courts handle such cases, balancing the deceased’s wishes with the heirs’ legal rights. This article analyzes the judgment and offers practical recommendations to prevent inheritance disputes.

1. Case Summary
Judgment No. 200/2024/DS-PT dated June 20, 2024, resolved an inheritance dispute between Mr. Luong Van B and other heirs of Mrs. Nguyen Thi S, who passed away in 2013. Mrs. S had three children: Mr. B, Mrs. Luong Thi T2 (who died in 2007, leaving two children—Huynh Trung H and Huynh Thi My T, the defendants), and Mrs. Luong Thi N1. The disputed property was land lot No. 193, map sheet C7 in district S, Da Nang City, and a three-story house on the land. In 2003, Mrs. S paid for the land and received a Land Use Right Certificate, later changed to Certificate No. AD 182546 in 2005. Before her death, Mrs. S made a will on February 28, 2003, at the Notary Office, leaving all land use rights to Mr. B. However, the will did not mention the house.

Mr. B filed a lawsuit to inherit all the land under the will and the house, offering to compensate the other heirs for their shares. The defendants argued the will was invalid because it was made before the Certificate was issued and violated notarial procedures. They requested that the entire estate be divided by law. Mrs. N1 initially agreed to give her share to Mr. B but later changed her mind and requested her portion.

The Da Nang City People’s Court at first instance, on December 7, 2023, recognized the will and determined that the land use rights belonged to Mr. B. The court considered the three-story house property not covered by the will and thus subject to division by law. The court awarded all land and the house to Mr. B but required him to pay Mrs. N1, Mr. H, and Mrs. T each 356.8 million VND (one-third of the house’s value). The defendants appealed.

The appellate court determined that the land use rights were Mrs. S’s separate property. The will was valid because when she made it, she had paid in full, received the land, and was later issued the Certificate. The three-story house was not mentioned in the will and therefore had to be divided by law. Mr. B inherited all the land under the will and part of the house’s value, with an obligation to pay shares to Mrs. N1 and Mrs. T2’s two children. The defendants’ claims that the will was invalid and that service of process was improper were unfounded, as their rights had been protected through their legal representative. The High People’s Court in Da Nang rejected the appeal, upheld the first-instance judgment, recognized the will as valid, and awarded all land and the house to Mr. B, requiring him to pay inheritance shares to the other heirs.

This decision shows that in inheritance disputes, a valid will takes priority, but property not specified in the will must be divided by law to protect all heirs’ rights.

2. Main Legal Issues in the Judgment
2.1. Validity of the Will
A central dispute was the legality of the 2003 will. The defendants argued that Mrs. S had not yet received a Land Use Right Certificate when she made the will and therefore had no right to dispose of the property. However, the Court found that although the Certificate was issued later, Mrs. S had completed her financial obligations, received the land from the authorities, and had been managing and using it. Her land use rights were legally established and could be disposed of by will. Therefore, the will was valid and legally effective.

2.2. Scope of the Estate
Another key issue was determining which property the will covered. Mrs. S mentioned only the land use rights in her will, not the three-story house built on the land. Therefore:

The land use rights were divided according to the will and given to Mr. B, honoring the deceased’s wishes.

The house was not mentioned in the will, so it had to be divided by law—equally among the first-rank heirs.

This reflects the principle that a will applies only to the property it specifies; the remainder must be resolved by law.

2.3. Rights of the Heirs
Although Mr. B inherited all the land use rights under the will, the Court required him to pay the value of the house shares to Mrs. N1 and Mrs. T2’s two children to ensure fairness. This solution respected the testator’s wishes while protecting the other heirs’ rights regarding property not specified in the will. It represents a balance between individual autonomy and fairness in inheritance distribution.

2.4. Procedural Issues and Defendants’ Rights
The defendants argued that court documents were not delivered to the correct address, affecting their rights. However, the Court determined their rights had been protected through their legal representative’s participation in the proceedings. Therefore, the procedural argument was insufficient to change the case’s outcome. This shows the Court values substantive protection of parties’ rights over procedural formality.

3. Vietnamese Legal Provisions on Inheritance Division
Inheritance division in Vietnam is governed by several important legal documents:

• The Civil Code 2015: The fundamental law comprehensively regulating inheritance, including inheritance by will and by law, rights and obligations of heirs, statute of limitations for claims, and principles of inheritance division.
• The Land Law 2013 and guiding documents: Governs inheritance of land use rights, procedures for transfer of ownership, and registration of land changes upon inheritance.
• The Law on Marriage and Family 2014: Contains provisions on common and separate property of spouses, which affect estate determination when one spouse dies.
• The Civil Procedure Code 2015: Regulates procedures for resolving inheritance disputes in court, from filing, acceptance, and mediation to first-instance trial, appellate trial, and enforcement of judgments.
• Decrees and circulars: Such as decrees on land registration and circulars on notarization and certification, which specify implementation of the laws.
• Inheritance division in Vietnam is based not only on the Civil Code but also on many other legal documents, especially when the estate includes land use rights, houses, or marital property.

4. Principles of Inheritance Division under Vietnamese Law
Vietnamese law provides two main ways to divide inheritance: by will and by law. Special cases include substitutional inheritance, compulsory heirs, and heirs who renounce their inheritance.

4.1. Inheritance by Will
A valid will takes priority. The testator may dispose of all or part of their property to anyone, not necessarily relatives. However, the law protects the rights of certain compulsory heirs.

The process typically includes: identifying the estate, announcing the will, verifying its validity, dividing the estate according to the will, making a notarized or certified inheritance division document, and transferring ownership of property requiring registration.

4.2. Inheritance by Law
Inheritance by law applies when there is no will, the will is invalid, the person designated in the will dies before the testator or renounces the inheritance, or the will does not cover the entire estate.

The principle is that heirs of the same rank receive equal shares. The ranks of heirs are determined as follows:

The first rank includes spouse, parents, and children;
The second rank includes grandparents, siblings, and grandchildren;
the third rank includes great-grandparents, uncles, aunts, nieces, and nephews.
Only when there are no heirs in the previous rank do heirs in the next rank inherit.

4.3. Special Cases
Compulsory heirs include minor children, parents, spouse, and adult children who are incapable of working. These individuals are always entitled to at least two-thirds of a statutory share, even if not mentioned in the will.

Substitutional inheritance occurs when a child of the deceased dies before or at the same time as the deceased, in which case the grandchild inherits the share that the parent would have received.

If an heir renounces the inheritance, their share is redistributed to the other heirs of the same rank. In cases where an heir is disqualified or excluded by law, they are not entitled to the estate, and their share is also redistributed to the remaining heirs.

5. Procedure for Resolving Inheritance Disputes
The procedure for resolving inheritance disputes in Vietnam is carried out under the Civil Procedure Code 2015, going through several stages from filing to enforcement of judgment. Each step plays an important role in ensuring the legitimate rights of the parties involved.

5.1. Filing and Acceptance of the Case
Individuals with rights and obligations related to the estate (usually heirs) have the right to file a lawsuit.
The petition is filed at the People’s Court of the district where the real estate is located (if the estate includes land or houses) or where the defendant resides.
The lawsuit file includes: the petition, documents proving family relationships (birth certificates, death certificates, household registration), documents proving property ownership (Land Use Right Certificate, construction permits, purchase contracts), the will of the deceased if available, and other relevant documents.
After receiving a valid petition and file, the Court issues a notice to pay the advance court fee. The petitioner pays the fee at the enforcement agency, after which the Court issues a decision to accept the case.

5.2. Mediation and Evidence Collection
Mediation is a mandatory step in civil proceedings. The Court organizes a mediation session for the parties to agree on the division of the estate. If successful, the Court records the agreement and issues a decision recognizing it, which has the same effect as a judgment.
If mediation fails, the Court proceeds to collect evidence:
Verifying the validity of the will (capacity of the testator, form, content).
Valuing the disputed property through a Valuation Council.
Determining the ranks of heirs and compulsory shares if any.
Taking statements from the parties and witnesses, collecting documents from land administration agencies, notary offices, and others.

5.3. First-Instance Trial
The Court summons the parties and conducts a public hearing.
The Trial Panel evaluates the evidence, hears the parties’ opinions, analyzes the validity of the will, determines the scope of the estate, and the rights and obligations of each heir.
The Court issues a first-instance judgment, which may:
Recognize the will as valid and divide according to the will.
Divide according to the law if there is no will or the will is invalid.
Combine both if the will specifies only part of the property.

5.4. Appellate Trial
If there is an appeal by the parties or a protest by the Procuracy within the statutory time limit, an appellate trial is conducted.
The Court re-examines all or part of the first-instance judgment that was appealed or protested.
The appellate judgment may uphold, amend, annul the first-instance judgment, or dismiss the case. The appellate judgment takes legal effect from the date of pronouncement and cannot be appealed further, though it may still be reviewed under cassation procedures.

6. Practical Situation of Inheritance Disputes in Vietnam
6.1. Current Situation of Disputes
In recent years, inheritance disputes have increased and account for a significant proportion of civil cases in the People’s Courts. These disputes are special, often lasting many years, complicated in terms of evidence and procedures, and deeply affecting family relationships.

Common causes include:

High property value, especially land and houses in urban areas, leading to intense conflicts.
Wills that are unclear or invalid, often handwritten without notarization, leading to disputes over handwriting, signatures, or legal capacity.
Wills that do not cover all property, leaving the remainder to be divided by law.
Pre-existing family conflicts that escalate into legal disputes after the death of the estate owner.
Heirs living abroad or absent, making service of documents and verification difficult, prolonging the case.
6.2. Notable Features in Practice
Combination of inheritance by will and by law, as in Judgment No. 200/2024/DS-PT, where the Court recognized the will for part of the estate and applied the law for the rest.
Difficulties in property valuation due to fluctuating land prices, often causing disputes and delays.
Statute of limitations issues, as many cases arise decades later, leading to disputes over the right to sue.
The mentality of “keeping land and houses,” where families refuse to sell property to divide money but cannot agree on management or use, leading to deadlock.

6.3. Issues Arising in Practice
Lack of awareness about making valid wills, as many people avoid or neglect this, causing disputes after death.
Lengthy procedures due to difficulties in collecting evidence, verifying identities, and valuing property.
Lack of effective mediation mechanisms, as many cases could be resolved within families or communities but end up in court due to lack of neutral intermediaries.
Negative impact on family relationships, as inheritance disputes often cause long-term rifts among relatives.

7. Practical Recommendations
For Testators

Testators should make wills early, while still lucid and fully capable.
Wills should be notarized or certified to ensure legal validity and minimize disputes.
Wills should cover all property owned to avoid omissions that must be divided by law.
Testators must consider the rights of compulsory heirs such as minor children, parents, spouse, or adult children incapable of working.
When there are changes in property or family circumstances, supplementary or replacement wills should be made.
During the process of making a will, it is advisable to consult lawyers or legal experts for advice on form, content, and procedures to avoid the risk of invalidity.

For Heirs

Heirs should respect the wishes of the deceased if the will is valid.
Heirs need to understand their rights under the law, especially compulsory shares.
Before filing a lawsuit, parties should prioritize mediation and negotiation to save time, costs, and preserve family relationships.
When participating in disputes, heirs should prepare sufficient documents proving family relationships and property ownership as legal evidence.
After the judgment takes effect, heirs must comply with obligations to avoid enforcement measures.
Even if disputes are intense, heirs should prioritize family ties to avoid long-term estrangement.
In complex cases, heirs should consult lawyers for guidance on rights, obligations, and appropriate dispute resolution strategies.

Conclusion
Inheritance disputes are a common and complex type of civil dispute, as they involve not only economic interests but also deeply affect family relationships. Through the analysis of Judgment No. 200/2024/DS-PT of the High People’s Court in Da Nang, it can be seen that when a will specifies only part of the property, the Court must apply both inheritance by will and inheritance by law. This approach both respects the wishes of the deceased and protects the legitimate rights of other heirs, reflecting a balance between individual autonomy and fairness.

In practice, to limit disputes, testators need to prepare carefully, comply with legal requirements, and consult lawyers to ensure validity. Heirs need to understand their rights and obligations, and prioritize mediation and negotiation instead of prolonged litigation. This article affirms that raising legal awareness, combined with careful preparation of wills and goodwill among parties, is the key to resolving and preventing inheritance disputes, thereby contributing to stability in families and society.

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