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Will uncles and aunts inherit the land if our parent die?

11/05/2022


Inheritance is very popular and has great value in real estate. Because many people do not understand the provisions of the law leading to disputes over inheritance, especially brothers and relatives. When a parent dies, can uncles and aunts inherit the land?

 According to the provisions of the Civil Code, inheritance includes inheritance according to will and inheritance according to law.

In case the estate leaver has made a will, leaving the property under his/her ownership to uncles and aunts, they will be inherited property according to the will's content.

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 In case the estate leaver does not make a will or has a will but it is not legal, the will will be divided according to law. In order to inherit according to law, one must be an heir and meet the conditions for the three inheritance groups specifically:

* Belong to inheritance

The heir must have a marriage relationship (husband and wife), blood relationship, and nurturing relationship (adopted father, mother and adopted child and vice versa) with the person leaving the estate.

* Satisfy the condition of inheritance

Clause 1, Article 651 of the 2015 Civil Code stipulates that the legal heirs are specified in the following inheritance groups :

- The first inheritance group: wife, husband, birthparents, adoptive parents, offspring, adopted child of the deceased.

- The second inheritance group: paternal grandparents, maternal grandparents, siblings of the deceased; the deceased' s grandson and daughter in case the deceased are paternal grandparents, maternal grandparents.

- The third inheritance group: paternal great grandparents, maternal great-grandfather of the deceased; biological uncle, biological aunt of the deceased; biological niece and nephew of the deceased in case the deceased is biological uncles or biological aunts; great-grandchildren of the deceased in case the deceased is a paternal or maternal great-grandparent.

According to the provisions of Clause 3, Article 651 of the 2015 Civil Code, "Those in the second group of heirs will inherit the property if only the previous group of heirs die, has no right to inherit, is deprived of their right to inherit or refuses to receive the estate”. Therefore, uncles and aunts belonging to the third group will only be entitled to inheritance when there is no one left in the first and second inheritance group.