In many cases, a will may only specify a portion of the estate, leaving the remaining part undesignated. So how is the undesignated inheritance portion handled? Who is entitled to receive it? ADVN Law explains the applicable legal regulations in detail below.
HOW IS THE UNDESIGNATED INHERITANCE PORTION IN A WILL DISTRIBUTED?
According to Clause 2, Article 650 of the 2015 Civil Code, the estate will be distributed according to the law in the following cases:
The portion of the estate is not designated in the will;
The portion relates to provisions in the will that are legally invalid;
The portion relates to heirs named in the will who are deceased, not eligible to inherit, refuse the inheritance, or the designated organization no longer exists at the time of succession.
Conclusion: If a portion of the estate is not clearly designated in the will, that part will be distributed according to the law, regardless of the will’s content.
Under Article 651 of the 2015 Civil Code, biological and adopted children of the deceased fall into the first level of statutory heirs. Therefore, even if a child is not named in the will, they still have the right to inherit any undesignated portion.
In short, a child not listed in the will still has the right to inherit any part of the estate not designated, provided they qualify under the legal heir hierarchy.
According to Article 652 of the 2015 Civil Code, if a child dies before or at the same time as the person leaving the estate:
The deceased’s grandchild may inherit by representation, i.e., receive the share the child (their parent) would have received;
If the grandchild is also deceased, the great-grandchild may inherit in the same manner.
This legal mechanism protects the rights of future generations and ensures fairness in inheritance distribution.
Summary of Key Points
Scenario
How the Inheritance is Distributed
Undesignated portion in the will
Distributed according to the law
Child not named in the will
Entitled to the undesignated portion if in the first heir class
Child predeceased the testator
Grandchild inherits by representation
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
