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When a will expires, is it still required to divide the inheritance?

24/05/2022

Article 623 of the Civil Code stipulates that a will with an estate of real estate is valid for 30 years, if the estate is an movable property, it will be valid for 10 years for the heir to request the division of the inheritance before the estate. belongs to the manager or the person currently in retirement (if there is no manager) or the State (if the above 02 subjects are not available).

However, point a, clause 2.4, Article 2, Section I of Resolution No. 02/2004/NQ-HDTP of the Council of Judges of the Supreme People's Court prescribed as follows:

    a) In case within ten years since opening the inheritance that the co-heirs have no dispute over the inheritance rights and have jointly confirmed in writing as co-heirs or after the expiration of the ten-year, the co-heirs If the co-heirs have no dispute over the inheritance and both acknowledge that the estate left by the deceased has not been divided, the estate will be converted into the common property. When there is a dispute and the court is requested to settle it, the statute of limitations for initiating a lawsuit on inheritance rights does not apply

If during or after the expiration of the 10-year period from the time of the death of the person leaving the estate, there is no dispute between the co-heirs, there is a written confirmation that they are co-heirs and both acknowledge the undivided estate. the estate will become the common property of the heirs.

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Even if there is a dispute and the Court is requested to settle it, the statute of limitations will not apply in this case. In addition, when the estate leaver makes a will, the common property of the co-heirs in this case will be divided according to the will of the estate leaver.

Therefore, the only case mentioned above does not apply the statute of limitations for initiating a lawsuit on an inheritance dispute, which is when the statute of limitations expires but the co-heir has no dispute and requests to divide the estate, the Court will still resolve the inheritancedispute in this case.