Vietnamese civil law allows representation in succession when an heir dies before — or at the same time as — the person leaving the estate. Below is a practical summary of when grandchildren or great-grandchildren may take a share.
1. What is representation in succession?
An individual heir must be alive at the opening of the succession, or already conceived and later born alive.
Article 652 of the 2015 Civil Code provides that if a child of the decedent dies before or at the same time as the decedent, the grandchild takes the share that the child would have received if still alive. The same logic can extend to a great-grandchild if the grandchild also died before or at the same time.
In short, representation lets a grandchild (or great-grandchild) step into the inheritance share of a parent who predeceased (or died simultaneously with) the grandparent (or great-grandparent).
2. When does it apply?
- The intermediate heir (parent of the grandchild/great-grandchild) died before or at the same time as the decedent;
- The claimant is the child representing that parent (or great-grandchild representing further);
- That parent would have been entitled to inherit from the decedent;
- The grandchild/great-grandchild is alive at the opening of the succession, or was already conceived at the decedent’s death.
If you are facing issues related to land disputes, inheritance, credit contracts, or need a lawyer to protect your rights in court, Van Cat An Law Firm Limited is ready to support you. Contact us for advice and a suitable legal plan from the early stage of your matter.
0972 974 477 · 0907 713 939
3. Spouse, daughter-in-law, adopted child?
Civil law does not grant representation rights to a spouse or daughter-in-law in this mechanism.
Under Article 653, adopted children and adoptive parents inherit from each other and may also inherit by intestate succession and by representation if the legal conditions are met.
4. When representation heirs are excluded
A representation heir who fails the conditions above, or falls within Article 621(1) exclusion grounds (serious crimes or abuse against the decedent, serious failure of support duties, fraud relating to a will, etc.), cannot take the estate — unless Article 621(2) applies because the decedent knew of the conduct and still allowed them to inherit.
General information only. Family relationships and death/birth records must be checked before confirming representation rights. Call VANCATAN for advice on your file.
