Tiếng Việt
Table of Contents
1. Cases of inheritance by law
2. Can stepchildren inherit the stepfather’s estate?
1. Cases of inheritance by law
Based on Article 650 of the Civil Code 2015, the following cases of inheritance by law are stipulated:
“Article 650. Cases of inheritance at law
1. Inheritance at law shall apply in the following cases:
(a) There is no will;
(b) The will is unlawful;
(c) All heirs under the will died prior to or at the same time as the testator dying, or the agencies or organizations which are entitled to inherit under the will no longer exist at the time of commencement of the inheritance;
(d) The persons appointed as heirs under the will do not have the right to inherit or disclaimed the inheritance.
2. Inheritance at law shall also apply to the following parts of an estate:
(a) Parts of an estate in respect of which no disposition has been made in the will;
(b) Parts of an estate related to an ineffective part of the will;
(c) Parts of an estate related to heirs under the will not having the right to inherit, having disclaimed the inheritance, or having died prior to or at the same time as the testator dying; and parts of an estate related to agencies or organizations entitled to inherit under the will but no longer existing at the time of commencement of the inheritance.”
Thus, if the deceased does not leave a will, the inheritance will be divided according to the law.
2. Are stepchildren entitled to inherit the estate of their stepfather?
Pursuant to Article 654 of the Civil Code 2015, the inheritance relationship between stepchildren and stepfathers and stepmothers is stipulated as follows:
“Article 654. Inheritance relations between stepchildren and their stepparents
If a stepchild and his or her stepparents care for and support each other as though they were biologically related, they may inherit each other’s estates and may also inherit in accordance with articles 652 and 653 of this Code.”
“Article 652. Succeeding heirs
Where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.”
“Article 653. Inheritance relations between adopted children and their adoptive parents and biological parents
An adopted child and his or her adoptive parents may inherit each other’s estates and may also inherit in accordance with articles 651 and 652 of this Code.”
Thus, stepchildren and stepfathers, if they have a relationship of care and upbringing with each other like father and child, shall inherit each other’s estate and shall also inherit the estate according to the provisions on succession in Article 652 of the Civil Code 2015 and the inheritance relationship between adopted children and adoptive fathers, adoptive mothers and biological fathers, biological mothers according to Article 653 of the Civil Code 2015.