But in life, there are many cases where The silver-haired sees off the blue-headed‘s child. The “less one” unfortunately passed away before his parents.
So in this case, how will the inheritance left to the child be resolved according to the law?
The person who dies first is not entitled to inheritance
Lawyer Quach Thanh Luc, Director of Legal Law Firm, said at Article 613 of the 2015 Civil Code stipulates that “The heir who is an individual must be alive at the time of opening the inheritance. The estate in the will that leaves the estate to that person has no legal effect.
When there are many heirs under the will and one person dies before the testator, the part of the will related relating to the person who died before is not valid.
The portion of the will for other beneficiaries in the will is still valid.
So < /em>this will will be resolved as Howwho benefits?
The deceased’s estate will not be divided according to the will but will be inherited according to law based on Clause 2, Article 650 of the 2015 Civil Code. Legal inheritance also applies to the portion of the estate related to the part of the will that is not legally effective.
When the will is divided according to The heirs will be determined according to the law as prescribed in Article 651 of the 2015 Civil Code. The portion of the estate that does not have legal effect is divided between the first-line heirs and the successor heirs. of the person who died first.
Please illustrate the above content with a specific example as follows:
Dad The mother has two children, A and B. The parents left a will for each of them to receive 150 million VND. Mr. B has 1 child, C.
B passed away before the parents, so the will to B is invalid. This amount of 150 million is divided into inheritance according to the law. Specifically, A is entitled to 75 million VND, the remaining 75 million belongs to the child of cell B.
Thus. When dividing the inheritance of his parents: A receives 225 million VND (150 million + 75 million); Child C is entitled to 75 million VND.
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