According to the provisions of Article 626 of the 2015 Civil Code, the testator has the following rights: To appoint an heir; to disinherit an heir. To assign portions of the inheritance to each heir. To reserve a portion of the inheritance for bequest or worship. To assign obligations to the heir. To appoint a will keeper, an estate administrator, or an estate divider.
The designation of heirs and the disinheritance of heirs are the rights of the testator. Therefore, the testator has the right to give or not give to his children his inheritance.
However, according to the provisions of Clause 1, Article 644 of the 2015 Civil Code, the following people are still entitled to an inheritance portion equal to 2/3 of the portion of a legal heir if the inheritance is divided according to the law, in case they are not given an inheritance by the testator or are only given an inheritance portion less than 2/3 of that portion: Minor children, father, mother, wife, husband; adult children who are incapable of working.
According to the above provisions, before establishing the inheritance rights according to an individual's will, the competent authority is responsible for verifying the heirs of the testator, in order to determine whether or not there is a subject who is entitled to inherit the inheritance regardless of the will. At that time, the person whose name is not in the will will receive an inheritance portion equal to 2/3 of the portion of a legal heir if he/she falls into the following cases: Minor children, father, mother, wife, husband; adult children who are incapable of working.
Minh Hoa (t/h)
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