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Case law No. 06/2016/AL regarding the “Dispute over inheritance”

October 15, 2020 Case Law

Case law No. 06/2016/AL was approved by the Judicial Council of the Supreme People’s Court on April 06, 2016 and promulgated under Decision No. 220/QD-CA dated April 06, 2016 by the Chief Justice of the Supreme People’s Court.

Source of this case law: Cassasion Decision No. 100/2013/GDT-DS dated August 12, 2013 issued by the Judicial Council of the Supreme People’s Court regarding the case of “Dispute over inhertance” in Ha Noi among Mr. Vu Dinh Hung as the plaintiff, Ms. Vu Thi Tien (hereinafter to as Ms. Hien) and Ms. Vu Thi Hau as the defendant; the people with related interests and obligations are Mr. and Ms. Vu Dinh Duong, Vu Thi Cam, Vu Thi Thao, Nguyen Thi Kim Oanh, Ha Thuy Linh.

In the case of “Dispute over inheritance”, if having any overseas inheritor and the Court has conducted judicial mandate and collected evidence under the law but still cannot determine the inheritor’s address, the Court shall continue to resolve the plaintiff’s request.  If the Court determines an inheritance, inheritors in priority and the person(s) leaving his/her property but without leaving his/her will, the Court shall settle the inheritance’s division according to provisions of the law.  Any part of the inheritance gifted to any inheritor in the absence or in a case of non-identifying his/her address shall be temporarily handed over to people residing in Vietnam permanently for their management for handing over the inheritor in absence later.

Precedent’s keywords: Dispute over inheritance, Overseas inheritor without identifying a correct address, Judicial mandate, Division of inheritance, Inheritance management.

 

For Vietnamese: Please click Precedent No.06/2016/AL on the “Inheritance dispute” case.

For English version: Please contact us via info@letranlaw.com

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