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QUESTION
Ask a lawyer to answer for me:
- Can parents still have all the property of a child?
- If making a will for a person under 18 years old, who does not have a cmnd yet, what documents does the recipient need to make a will?
ANSWERS
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Pursuant to Article 626 of the 2015 Civil Code on the rights of the testator:
A testator has the following rights:
1. Appoint an heir; disqualification of the heir.
2. Assign part of the estate to each heir.
3. Reserve a part of the property in the heritage block for donation and worship.
4. Assigning obligations to heirs.
5. Appointment of will keepers, estate managers, estate distributors.
QUESTION
Ask a lawyer to answer for me:
- Can parents still have all the property of a child?
- If making a will for a person under 18 years old, who does not have a cmnd yet, what documents does the recipient need to make a will?
ANSWERS
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Pursuant to Article 626 of the 2015 Civil Code on the rights of the testator:
A testator has the following rights:
1. Appoint an heir; disqualification of the heir.
2. Assign part of the estate to each heir.
3. Reserve a part of the property in the heritage block for donation and worship.
4. Assigning obligations to heirs.
5. Appointment of will keepers, estate managers, estate distributors.
Pursuant to Clause 1, Article 644 of the Civil Code on an heir independent of a will, the following persons are still entitled to a share of the estate equal to two-thirds of the rate of an heir at law if the estate is divided according to by law, in the event that they are not granted the estate of the will by the testator or are only entitled to less than two-thirds of the yield from the estate:
a) Minor children, father, mother, wife, husband;
b) Adult children that are incapable of working.
a) Minor children, father, mother, wife, husband;
b) Adult children that are incapable of working.
Pursuant to Clauses 3 and 4, Article 21 of the 2015 Civil Code:
3. Persons aged between full six years and under fifteen years of age, when establishing and performing civil transactions must obtain the consent of their legal representatives, except for civil transactions in service of daily living needs in accordance with ages.
4. Persons aged between full fifteen and less than eighteen years of age to establish and perform civil transactions by themselves, except for civil transactions related to real estate or immovable property, which must register and other civil transactions according to the the provisions of the law must be approved by the legal representative.Căn cứ theo khoản 1 Điều 136 Bộ luật Dân sự 2015 quy định cha, mẹ là người đại diện theo pháp luật của con chưa thành niên.
Pursuant to Clause 2, Article 58 of the 2015 Civil Code providing notarization of estate declaration documents, notarization of estate declaration documents must comply with Clauses 2 and 3, Article 57 of this Law. .
Pursuant to Clauses 2 and 3, Article 57 of the 2015 Civil Code:
2. In case the estate is a land use right or a legal property that requires ownership registration, the notarization request dossier must have papers proving the land use right or property ownership of the person. to leave that legacy.
In case of inheritance according to law, the notarization request dossier must have papers proving the relationship between the estate deceased and the beneficiary in accordance with the law on inheritance. In case of inheritance according to a will, a dossier requesting notarization must have a copy of the will.
3. The notaries must check to determine that the person who left the estate is indeed the person who has the right to use land, to own the property, and that the persons who request the notarization are the right beneficiary of the estate; If it is not clear or there are grounds to believe that it is illegal to leave the estate and inherit the estate, then refuse the request for notarization or at the request of the person who requests the notarization, the notary shall verify or assessment request.
The notary public is responsible for posting the notarization of the written agreement on estate division before notarizing.Concerning your question, the division of an estate to an heir is entirely up to the will of the will writer. However, there are still cases where, even if the testator is not granted an estate, he or she can still enjoy two-thirds of the rate of an heir at law, namely: minor children, parents, wives, husband; Minors have the ability to work. Regarding people under 18 years old, without identity card are divided into two cases are people from full six years old to less than fifteen years old and people from full fifteen to less than eighteen years old.
If the person is from full six years old to less than fifteen years old, he / she is not allowed to enter into and perform civil transactions but through a legal representative (ie father or mother). Therefore, the person's parent can act as the representative to receive the inheritance under the will. In cases where a person from full fifteen to less than eighteen years of age can establish and perform civil transactions by himself, but if the inheritance is related to real estate or immovable property, registration must be approved. parent.
To notarize documents of inheritance declaration, the notarization requester must fully prepare the following documents:
Notarization request form.
- Curriculum vitae of the inheritance recipient.
- ID card / CCCD / passport, household registration.
- Authorization contract or authorization letter (in case transaction is established through a representative)
- Death Certificate.
- Wills.
- Papers proving the right to use and own property as inheritance (certificate of land use rights, home ownership, house purchase and sale license, house legalization issued by the district People's Committee, district level, savings book, shares, certificate of shares…).
3. Persons aged between full six years and under fifteen years of age, when establishing and performing civil transactions must obtain the consent of their legal representatives, except for civil transactions in service of daily living needs in accordance with ages.
4. Persons aged between full fifteen and less than eighteen years of age to establish and perform civil transactions by themselves, except for civil transactions related to real estate or immovable property, which must register and other civil transactions according to the the provisions of the law must be approved by the legal representative.Căn cứ theo khoản 1 Điều 136 Bộ luật Dân sự 2015 quy định cha, mẹ là người đại diện theo pháp luật của con chưa thành niên.
Pursuant to Clause 2, Article 58 of the 2015 Civil Code providing notarization of estate declaration documents, notarization of estate declaration documents must comply with Clauses 2 and 3, Article 57 of this Law. .
Pursuant to Clauses 2 and 3, Article 57 of the 2015 Civil Code:
2. In case the estate is a land use right or a legal property that requires ownership registration, the notarization request dossier must have papers proving the land use right or property ownership of the person. to leave that legacy.
In case of inheritance according to law, the notarization request dossier must have papers proving the relationship between the estate deceased and the beneficiary in accordance with the law on inheritance. In case of inheritance according to a will, a dossier requesting notarization must have a copy of the will.
3. The notaries must check to determine that the person who left the estate is indeed the person who has the right to use land, to own the property, and that the persons who request the notarization are the right beneficiary of the estate; If it is not clear or there are grounds to believe that it is illegal to leave the estate and inherit the estate, then refuse the request for notarization or at the request of the person who requests the notarization, the notary shall verify or assessment request.
The notary public is responsible for posting the notarization of the written agreement on estate division before notarizing.Concerning your question, the division of an estate to an heir is entirely up to the will of the will writer. However, there are still cases where, even if the testator is not granted an estate, he or she can still enjoy two-thirds of the rate of an heir at law, namely: minor children, parents, wives, husband; Minors have the ability to work. Regarding people under 18 years old, without identity card are divided into two cases are people from full six years old to less than fifteen years old and people from full fifteen to less than eighteen years old.
If the person is from full six years old to less than fifteen years old, he / she is not allowed to enter into and perform civil transactions but through a legal representative (ie father or mother). Therefore, the person's parent can act as the representative to receive the inheritance under the will. In cases where a person from full fifteen to less than eighteen years of age can establish and perform civil transactions by himself, but if the inheritance is related to real estate or immovable property, registration must be approved. parent.
To notarize documents of inheritance declaration, the notarization requester must fully prepare the following documents:
Notarization request form.
- Curriculum vitae of the inheritance recipient.
- ID card / CCCD / passport, household registration.
- Authorization contract or authorization letter (in case transaction is established through a representative)
- Death Certificate.
- Wills.
- Papers proving the right to use and own property as inheritance (certificate of land use rights, home ownership, house purchase and sale license, house legalization issued by the district People's Committee, district level, savings book, shares, certificate of shares…).
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