Family tragedy from inheritance division

Her husband died early, the Vinh Phuc woman raised 5 children, one boy and four girls, all by herself. When she was still healthy, she shared with her relatives the 1,000 m2 land she was living on, half of which would be divided among her four daughters, the other half would be given to her son for worship.

However, the 73-year-old woman did not make a will because she thought "if I say that, my siblings will know how to divide it among themselves later."

Two years ago, the land area where Mrs. An lives suddenly became hot, with prices increasing 2-3 times. This was also the time when she suffered a stroke and was bedridden. Without a will, Mrs. An’s mind was sometimes forgetful, so her only son called a family meeting and declared the entire area under his ownership.

From that day on, Mrs. An's house was filled with the sound of her five children cursing and arguing. They brought up all sorts of things, from childhood conflicts to their dissatisfaction with each other as adults, and fought right next to their mother's hospital bed.

The daughters said that they should follow Mrs. An's previous oral will, but the eldest brother strongly disagreed, arguing: "Inheriting property is a man's right."

According to economist, Associate Professor Dr. Do Minh Cuong, former lecturer at Hanoi National University, stories like Mrs. An's often happen in Vietnam because many people still hold the idea of ​​male superiority over female, that sons follow in the footsteps of their ancestors, and "daughters are other people's children". This viewpoint affects the inheritance of property in many families, causing discord.

"This manifestation is more evident in rural areas when people treat each other according to family and clan customs and traditions," the expert said.

According to statistics from the Supreme People's Court on the status of inheritance disputes in Vietnam, since the 2015 Civil Code took effect, the number of cases has increased rapidly every year. For example, in 2017, the number of cases accepted increased by 26.7% compared to 2016, in 2018 compared to 2017, it also increased by the same rate, and in 2019 compared to 2018, it also increased by 27%.

As someone who has handled many lawsuits over inheritance disputes, lawyer Diep Nang Binh, Head of OfficelawyerLegal experts say that conflicts mostly arise because parents do not leave a will before they die, divide assets orally or make a written will that is not in accordance with the law. According to Mr. Binh, this approach carries many risks, causes unwanted consequences for the children and can also be contrary to the wishes of the parents.

Lawyers say that when parents are still healthy and lucid, they should prepare a legal will in case of any unfortunate events. According to the Civil Code, a will takes effect from the time of inheritance (the time the parents pass away). At this time, the heir will receive the inheritance according to the content stated in the will. If not, after the parents pass away, the inheritance will be divided according to the provisions of the law.

"Thus, instead of thinking about when to give children inheritance, parents should think about when to make a will," Mr. Binh advised.

However, according to the lawyer, how to divide, when to divide, whether to divide all assets at once or not is also very important, because many parents are afraid that when transferring all rights to use assets to their children, they will be kicked out of the house. Only when the law intervenes can they reclaim assets caused by their children's mistakes.

In addition, if parents divide their assets early, it can still cause conflicts between parents and children or between children themselves. Mr. Binh has encountered cases where parents were disowned by their children because of unfair division, their words were inappropriate, and even their behavior was dangerous to society, causing serious consequences.

Mr. Minh Son, 70, and his wife in Nghe An were embarrassed in front of their neighbors when they had to move their ancestral altar out of their house when the conflict with their son and daughter-in-law reached its peak. A few months earlier, they had given the inheritance of the land and house to their only son, hoping that he would take care of his parents for the rest of their lives.

Previously, Mr. Son and his wife were treated quite well by their son, sometimes even given a box of ginseng or new clothes. But when they transferred all their assets, their daughter-in-law often insinuated that they were "useless" because their limbs were weak, making it difficult for them to walk or eat.

Mr. Son and his wife wanted to move to his daughter's house nearby many times, but his son firmly opposed them, claiming that they were "colluding with each other to seize property". Recently, because he dropped a bowl of rice, he was insulted again by his daughter-in-law. This time, the man in his seventies discussed with his wife about gathering his most valuable things to move to his daughter's house, even though his son kept calling to insult him and even threatened him with a knife. At the end of his rope, this man had to seek legal intervention.

In the case of voluntary transfer of assets to children early like Mr. Son's family, lawyer Diep Nang Binh said that it is possible to transfer part or all of the assets as desired because the law does not stipulate. However, there should be a certain binding on the rights and obligations of the children or at least have individuals and authorities witness, supervise and even handle if there are violations in the management and use of inherited assets to avoid possible incidents such as children turning their backs on, violating the rights and interests of parents.

As for inherited assets, according to lawyers, there is no need to disclose them to children to avoid unnecessary disputes. Furthermore, the law also allows parents to amend, supplement or replace the will before the inheritance is opened.

Lawyer Binh also believes that to avoid disputes and arguments, the most important thing is that when children are young, parents should proactively teach them to strive for themselves instead of relying on others. Furthermore, they should also treat their children equally, putting family affection first.

"This is something that should be done to help children anticipate situations that may arise, especially receiving an early inheritance," the lawyer said.

Sharing the same view, expert Do Minh Cuong said that from a young age, parents need to teach their children to be independent, self-reliant in life and take care of themselves when they grow up, and at the same time, calculate for their old age. If possible, parents can still give their children money, property, and land if they have achieved their old age goals and have surplus.

However, according to Mr. Cuong, the most important issue still lies in the family factor. If children are educated about love and connection between family members from a young age, there will be no property disputes in the future.

"After all, land and property will diminish over time, but family affection, although invisible, is priceless," said Mr. Cuong.