Inheritance, Wills and Estate Division in Vietnam
Inheritance is not only about who receives the assets, but also whether the will is valid, what the estate actually comprises, which financial obligations must be settled, whether any heir is abroad, and which division plan can actually be enforced. For real estate, family businesses and high-value assets, preparing the file early usually reduces later disputes significantly.
Quick summary: inheritance, wills and estate division
| Who it fits | Families that need to make a will, declare an estate, or are disputing the validity of a will and the shares of the estate. |
|---|---|
| Key documents | Death certificate, documents proving family relations, asset certificates, the will if any, and records of prior gift transactions. |
| What to check | The formal and substantive validity of the will, a complete identification of the heirs, the forced heirship shares independent of the will’s content, and limitation periods. |
Common issues
- Handwritten wills, oral wills, or wills made under doubts about capacity.
- Estates comprising real estate, shares, mortgaged assets or assets titled in another person’s name.
- Heirs abroad, overseas Vietnamese, or disagreement on the division plan.
- Estate declaration, renunciation of inheritance and related financial obligations.
What FLAT LAW FIRM does
- Review will validity and the asset file.
- Advise on estate declaration, division, gifts or post-inheritance transfers.
- Draft enforceable wills and family asset plans.
- Represent clients in estate disputes when the parties cannot agree.
Our workflow
- Collect information on the deceased, the heirs and the assets involved.
- Check the will, family relations, obligations and the legal status of the assets.
- Propose a declaration, division or dispute-resolution approach.
- Prepare the file and coordinate with the parties involved to complete the procedures.
Common risks
- A will that does not meet the formal or capacity requirements for making a will.
- Missing heirs or the deceased’s financial obligations.
- Not checking whether assets are disputed, mortgaged or subject to transfer restrictions.
- Division agreements not clear enough for registration of changes or enforcement.
- Missing the limitation period for claiming estate division: 30 years for immovable property, 10 years for movable property from the time the inheritance opens (Article 623 of the Civil Code 2015).
Documents to prepare
- Identity documents, asset certificates, contracts, bank statements and evidence of fund sources.
- A timeline of marriage, inheritance, transactions, nominee holdings or offshore residence status.
- Documents on wills, gifts, capital contributions, loans, and assets at risk of being transferred.
Three reasons a will fails to achieve its purpose
The first is form. Handwritten wills, witnessed wills, and notarised or certified wills each have different requirements; failing to meet the requirements of the chosen form is a common reason wills are disputed on validity.
The second is disposing beyond what the testator is entitled to dispose of. Spouses’ common property, mortgaged assets, or assets already gifted all change the scope of the actual estate.
The third is the group entitled to a forced share of the estate regardless of the will’s content under the law. Ignoring this group when making a will is why division plans get adjusted after the inheritance opens — sometimes contrary to the original intent.
Plan family assets early
For families with businesses or assets in multiple places, a single will is usually not enough. The ownership structure in the company, the company charter, agreements among family members, and the residence status of heirs abroad all need to be considered together.
Where an heir is a foreigner or a Vietnamese residing abroad, additional questions arise about the conditions for receiving and owning certain assets in Vietnam, plus procedures for powers of attorney and document legalisation. These should be handled while there is time — not after the inheritance has opened.
Reference legal framework
Inheritance and wills are governed by the Civil Code 2015, together with the Land Law 2024 (No. 31/2024/QH15, effective from 1 August 2024) and the Housing Law 2023 (No. 27/2023/QH15, effective from 1 August 2024) where the estate includes land use rights or housing. Notarisation and certification of wills and estate declaration documents follow the Notarisation Law 2024 (No. 46/2024/QH15, effective from 1 July 2025).
Laws, the competence of state authorities and administrative procedures may change over time. The full texts of the instruments above can be looked up on the Government’s normative legal documents portal. The content on this page is for general guidance and should be cross-checked against the instruments in force at the time they are applied to each specific file.
Frequently asked questions
Should I make a will when my assets are still modest?
Making a will early reduces ambiguity and can be updated as the asset base changes.
Can heirs abroad receive the estate?
Yes, but the powers of attorney, legalisation and related obligations must be properly prepared.
Is a handwritten will valid?
It can be, if the conditions under the law in force are met.
Can a will be disputed after the testator passes away?
Yes, if there are grounds concerning form, capacity, intent or other legal issues.
How does estate declaration differ from estate division?
Declaration usually applies when the heirs jointly confirm their rights, while division determines each person’s specific share.
When to talk to a lawyer
- Before making a will involving substantial assets, spouses’ common property or heirs in multiple places: check the formal validity and the scope of disposition.
- When the estate includes real estate, family-company shares or mortgaged assets: fully identify the actual estate and the accompanying financial obligations.
- When there are heirs abroad: handle powers of attorney, document legalisation and conditions for receiving assets in Vietnam early.
- When disputes over will validity or shares have arisen: assess the grounds and limitation periods before suing.
Useful links
Talk to FLAT LAW FIRM
You can send us your existing documents, your goals, and expected timelines so our team can assess the next steps.