Heirs notwithstanding contents of wills in Vietnam

I have been living with an unmarried partner since 2004 and we have two common children (below 18 years old). Last year my partner died and he gave his inherence to a relative. I have requested this relative to share the estate with my two children but she didn’t agree. Does the law protect my children’s inherence rights ? Can you advise me about the issues ? 

Hi!

Heirs notwithstanding contents of wills

Where a testator does not grant any of the following persons an inheritance, or grants any such person an inheritance which is less than two-thirds of the share that person would have received if the estate had been distributed according to law, such person shall be entitled to a share of the estate equivalent to two-thirds of the share that he or she would have received if the estate had been distributed in accordance with law:

Children who are minors, father, mother, wife or husband of the testator;

Children who are adults but who are incapable of working.

Clause 1 of this Article shall not apply to persons who have disclaimed their inheritance as prescribed in Article 620 or person who are not entitled to inherit as prescribed in Clause 1 Article 621 of this Code (Article 644 The Civil Code No. 91/2015/QH13  dated 11/24/2015).

Therefore, if you have evidence to prove father - child relationship (for example, birth certificates of your children with the father name is that of your unmarried partner) and your children are minor (under 18 years old), then even the father did not give inheritance in the will, your children will still be entitled to a share of 2/3 of the share that they would have received if the estate had been distributed in accordance with law. So, you may initiate a lawsuit to a district-level court to request the distribution of the estate.

Related topics:

Making a written will ?

How to register for acknowledgement of paternity in Vietnam ?

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Heirs notwithstanding contents of wills in Vietnam