Question: Please ask, who are the first line of heirs according to the law?

Reply:

First line of inheritance according to law:

According to Article 651, Civil Code 2015, legal heirs are defined as follows:

- The heirs at law are specified in the following order:

+ The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;

+ The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;

+ The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, maternal uncle, maternal aunt, maternal aunt; The deceased's great-grandchildren are paternal and maternal great-grandchildren.

- Heirs of the same line enjoy equal shares of the inheritance.

- Those in the next line of inheritance are only entitled to inherit, if there is no one left in the previous line of inheritance because they are dead, have no right to inherit, are disqualified from inheriting or refuse to receive the inheritance.

Thus, according to the above regulations, the first line of inheritance according to the law includes the spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased.

Regulations on legal inheritance wills

Regulations on legal inheritance wills according to Article 630, 2015 Civil Code are as follows:

- A legal will must meet all of the following conditions:

+ The testator is lucid and wise while making the will; not be deceived, threatened or coerced;

+ The content of the will does not violate legal prohibitions or is not contrary to social ethics; The form of the will does not violate the provisions of law.

- The will of a person from full fifteen years old to under eighteen years old must be made in writing and must have the consent of the father, mother or guardian to make the will.

- The will of a person with physical limitations or of an illiterate person must be made in writing by a witness and notarized or authenticated.

- A written will that is not notarized or authenticated is only considered legal if it meets all the conditions specified in Clause 1, Article 630, 2015 Civil Code.

- An oral will is considered legal if the oral testator expresses his/her final will in front of at least two witnesses and immediately after the oral testator expresses his/her final will, the witness records it. again, sign or fingerprint.

Within 05 working days from the date the oral testator expressed his/her final will, the will must be certified by a notary public or competent authentication agency with the signature or fingerprint of the witness.

Procedures for making an inheritance will at a notary practice organization or commune-level People's Committee

According to Article 636, Civil Code 2015, making a will at a notary practice organization or commune-level People's Committee must follow the following procedures:

- The testator declares the contents of the will before a notary or person with authentication authority of the commune-level People's Committee. The notary public or person with authentication authority of the commune-level People's Committee must record the content declared by the testator.

The testator signs or marks the will after confirming that the will has been accurately recorded and accurately represents his or her will. A notary public or person with authentication authority of the commune-level People's Committee signs the will.

- In case the testator cannot read or hear the will, cannot sign or fingerprint, he must ask a witness and this person must sign the will in front of a notary public or person with authentication authority. of the Commune People's Committee.

A notary public or person with authentication authority of the commune-level People's Committee shall certify the will in front of the testator and witnesses.