The question of whether a widow inherits when her husband dies is very much raised nowadays. Nam Sai Gon Law Office will explore with you whether a widow inherits when her husband dies! We hope that with the shared information below, our law office will bring readers a satisfying answer.
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Does the widow inherit when her husband dies?
According to Article 651 of the Civil Code 2015, the law of the Socialist Republic of Vietnam currently regulates three lines of inheritance. Specifically, the first line of inheritance, the second line of inheritance, and the third line of inheritance are as follows:
Therefore, based on Article 651 of the Civil Code 2015, when the husband dies, the widow does not inherit because she does not belong to any inheritance line. The wife and children of the deceased husband will inherit according to the legal provisions. If one of these two does not have the right to receive the estate or refuses to accept the inheritance, all assets will belong to the other. In case the first line of inheritance has died, been disqualified from receiving inheritance, or refused inheritance, this estate will be divided among the second inheritance line according to legal regulations. Members of the inheritance line will receive an equal share of the estate, divided fairly.
When does a widow inherit when her husband dies?
In practice, not all cases of a husband’s death mean the widow does not inherit. Many widows are entitled to inherit from their father-in-law’s estate. For example:
Case of the husband’s parents leaving a will for the widow:
Many families today have daughters-in-law who are filial, caring for the family, talented, and greatly valued by the parents-in-law during cohabitation. Accordingly, the parents-in-law upon their death leave a will, dividing property to favor the daughter-in-law. This daughter-in-law will receive her share of the estate according to her parents-in-law’s testament, in accordance with Article 626 of the Rights of the Testator:
Case of the daughter-in-law inheriting from her husband’s estate:
A daughter-in-law may inherit from her parents-in-law when her husband’s descendants die after her parents-in-law. After the death of her parents-in-law without a will or with a will, her husband inherits the estate. If the husband also dies later, the inheritance he received from his parents is shared equally among the first inheritance line, including the wife and children. The wife and children will receive an equal share of the inheritance valued equally.
Case of the daughter-in-law inheriting from grandparents and maternal grandparents:
According to Article 652 of the 2015 Civil Code on Substituted Heirship, if the child of the person making the will dies before or at the same time as the testator, that grandchild will inherit the part of the estate that the parent would have if alive. Similarly, if this grandchild dies before or at the same time as the testator, then their children (the grandchildren of the testator) will inherit the portion their parent would have if alive. Essentially, when grandparents die, they leave an estate for the parents of the son-in-law, and if the son-in-law dies before or simultaneously with the grandparents, the grandchildren or the child’s mother will inherit this estate.
Although legally, daughters-in-law are not entitled to inherit properties because they are not in any inheritance line of the parents-in-law, in practice, many daughters-in-law still inherit assets as described above.
Therefore, depending on specific cases, the daughter-in-law may or may not inherit from her parents-in-law’s estate. Asset inheritance cases can often be complex, with disagreements and lack of consensus within the family.
Hence, you may seek advice from inheritance consultation services to achieve the best possible outcome. When conflicts and inheritance rights between co-heirs are unresolved, legal support may be needed. This can even lead to disputes, lawsuits, and court rulings to ensure lawful and fair resolution.
For more information on property division and related issues, readers can contact Nam Sai Gon Law Office for assistance. Besides legal advice, they can represent clients in procedural, dispute resolution, or court proceedings if truly necessary, at the client’s request. Respectfully.
