Not everyone entitled to inherit wants to — an estate sometimes comes with debts exceeding the assets, or an heir may wish to avoid family disputes. Article 620 of the 2015 Civil Code allows disclaiming an inheritance, but three strict conditions apply: in writing, before the estate is divided, and no evasion of property obligations.
1. Conditions for disclaiming
- Written form: the disclaimer must be in writing. Notarisation/certification is not mandatory by law, but notarising or certifying the signature is recommended as evidence;
- Before division: once the estate has been divided, the right to disclaim is gone;
- No evasion of obligations: the disclaimer must not aim to evade the disclaimant’s own property obligations toward others (e.g. disclaiming so creditors cannot collect).
2. Three-step procedure
- Step 1 — Draft the disclaimer: full name, date of birth, ID number, relationship to the deceased, and the content disclaiming the entire entitled share;
- Step 2 — Notarise/certify the signature on the document (recommended);
- Step 3 — Deliver it to the estate administrator, the other heirs, and the person entrusted with dividing the estate — before the estate is divided.
3. Legal consequences
The disclaimed share is divided among the remaining heirs by law (or by will if the will so provides). Note: partial disclaimer is not allowed — take the whole entitled share or disclaim it entirely. (To “give” your share to another heir, the correct route is to accept it and then gift it in the estate division document.)
4. Distinguish from disqualification (Article 621)
Article 620 is the heir’s voluntary right to disclaim; Article 621 is disqualification by law for serious misconduct. One is voluntary, the other is a sanction — do not confuse them.
5. Frequently asked questions
Q: Is there a deadline for disclaiming an inheritance?
A: No — the 2015 Civil Code sets no deadline for disclaiming (the 2005 Code’s “06 months” rule no longer applies). The disclaimer simply must be in writing, delivered to the relevant parties and made before the estate is divided; once the estate has been divided, the right to disclaim is gone.
Q: Is a verbal disclaimer before the family valid?
A: No — the law requires written form. A verbal disclaimer has no legal effect in a dispute.
Q: The estate has VND 5 billion in debts but only VND 2 billion in assets — should I disclaim?
A: Consider carefully. An heir only performs property obligations within the value of the estate received (no out-of-pocket top-up if debts exceed the estate) — so disclaiming is not always necessary. Calculate and seek advice before deciding.
Need advice on inheritance, wills or estate division? Contact us for assistance.
This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review before submission for approval; the information is for reference only and does not replace legal advice for your specific case.
