Tragedy of early inheritance division

After suffering a stroke two years ago, Mr. Huu Toi decided to divide his assets to avoid his children falling into a situation of "fratricidal conflict" when their father passed away.

A 500 m2 plot of land was divided in half by a Nam Dinh man between his two sons. Not wanting either son to bear the burden of taking care of him in his old age, Mr. Toi chose to live alternately at his two sons' houses.

But that was the beginning of a series of tragic days for the 75-year-old father.

Before, he ate separately, but when he moved in with his children, he was asked to contribute money for food and electricity. "There are five people in their family, but I have to pay half," Mr. Toi said.

He can manage money, but every time he is upset, his son and daughter-in-law "curse dogs and scold cats" makes him live in anxiety, always feeling like they are scolding him.

During the summer, the eldest son's family went on a week-long vacation, and Mr. Toi had to go to the second son's house. The younger brother demanded that his older brother pay more money to take care of his father because it was "not his turn yet". The older brother refused and scolded his younger brother for being "unfilial". The fight made the father not dare to go out for a month for fear of being laughed at by the villagers.

"I was wrong to divide my assets with them too soon. Now I have nothing left, my children see me as a burden and the day has not come for me to die and follow my grandparents," Mr. Toi said.

Having participated in many cases related to inheritance, lawyer Diep Nang Binh, Head of Tinh Thong Luat Law Office, said that dividing assets early can be the right solution for one family but can also be the trigger for trouble for another family.

Reality has proven that inherited assets divided early when children start building their careers will be a lever to help develop better, and stabilize the young family's economy soon. On the contrary, some parents, when they no longer have assets in hand, are considered by their children as parasites in the very house they built their whole life.

"Some people are even kicked out into the street, and their children say inappropriate things when the property has been divided. Only when the law intervenes can they reclaim property caused by their children's mistakes," said Mr. Binh.

Adding to the opinion of the lawyer and economic expert, Associate Professor, Dr. Do Minh Cuong, former lecturer at Hanoi National University, said that many families consider early inheritance division as a solution to limit and avoid disputes, and if there are any problems, it is easier to resolve than leaving a will.

Mr. Cuong believes that the solution of dividing inheritance early is only suitable for families with filial children who know how to develop assets. The mentality of "God-given gifts" when receiving inheritance easily makes many people wasteful and not appreciate what they receive.

Three years ago, Ms. Ngoc Lan and her husband in Thanh Hoa decided to transfer the land title to their only son when his business was failing and he needed capital to start a new business. Relatives and friends objected, but the 64-year-old woman insisted that she had to trust her children and that giving away property should be done at the right time.

"When I'm confused or bedridden, who else will take care of me but my son?" she told her husband. "If I don't help him when he needs me the most, how can he take care of me wholeheartedly when I'm sick?"

With the money to mortgage the land, instead of focusing on work, Ms. Lan's son threw himself into gambling hoping to recoup the money from his previous business losses. After a year, he informed his parents that he "went bankrupt, lost everything and nothing left of the house", then disappeared. With their house seized, the old couple fell into poverty, had no place to live, and had to live with relatives and neighbors.

From the case of Ms. Lan's family, lawyer Diep Nang Binh advised that when parents intend to transfer part or all of their assets, there should be certain constraints on the rights and obligations of their children. At the very least, they should ask individuals and authorities to witness, supervise, and even handle violations in the management and use of inherited assets to avoid possible incidents such as children turning their backs on and violating the rights and interests of their parents.

"Thus, instead of thinking about dividing the inheritance, parents should think about making a will," said the lawyer. In the Civil Code, a will takes effect from the time of inheritance opening (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.

When making a will, lawyer Binh noted, parents do not need to publicly inform their children to avoid unnecessary disputes. Furthermore, the law also allows parents the right to amend, supplement or replace the will before the time of inheritance.

In addition, economic expert Do Minh Cuong said that no matter how much they love their children, when they reach old age, parents should still keep certain assets to be proactive in their personal lives, in case of possible incidents. Children should only be given money and assets if parents have set up a sufficient reserve fund.

"Not letting children worry about their parents financially when they get old is also a kind of responsibility," said Mr. Cuong.