Inheritance Law Cases: Civil Law Analysis on Heirs & Property Division | Môn American Civilization - Trường Đại học Quốc tế, Đại học Quốc gia Thành phố Hồ Chí Minh

lOMoAR cPSD| 59085392 Note:
- Common asset, common property, vợ chồng cùng mua chung 1 cái gì đó => tài
sản chung ex: ông chồng mua 1 miếng đất trước khi cưới vợ ổng đang xây nhà =
lúc cưới vợ => nhà là của chung ( common asset) còn miếng đất là của riêng ông chồng
- Heirs at law & independent heirs: nếu heirs mất trước đó hoặc cùng lúc => ko
cần chia (except: thừa kế thế vị)
Person name in will: nếu heirs mất trước đó hoặc cùng lúc => vẫn phải chia =>
nhưng chỉ có ng còn sống mới nhận => phần còn lại chia tiếp cho heirs at law
- Tài sản được cho riêng, được thừa kế riêng => trước hay sau hôn nhân đều
được tsan riêng của ng được cho
ex: 1. sau khi A và B kết hôn => ba mẹ A tặng cho A 2 tỉ => 2 tỉ là tài sản riêng của A 2.
ba của A mất, A được thừa kế 2 tỉ => 2 tỉ là tài sản riêng của A Case 1:
In 1985, Khanh and Quynh got married. During the marriage, they had 3 children including
Phuong born in 1987, Thanh born in 1988, and Xuan born in 2001. In 2012, Phuong married
Truong who had a child with his ex-wife named Kiet born in 2008. After the marriage, Kiet lives
with Phuong and Truong. Besides, during the marriage, Phuong and Truong had 2 biological
children including Tuan born in 2018, and Tu born in December 2020. On 2nd January 2021,
Phuong made a valid wil to leave all her property to her children, Tuan and Tu after she found
out that she was in the final stage of lung cancer. In May 2021, Khanh suddenly passed away
due to a heart attack. By this time, his common assets with Quynh were valued at
5.940.000.000 dong. In June 2021, Phuong passed away. By this time, Phuong and Truong
created common property valued at 14.700.600.000 dong. Quynh plans to submit a request
to a court to divide Phuong’s property between her and her grandchildren in September 2021.
Khanh passed away: Intestacy
▪ Property: 2,970,000,000 VND ▪
Heirs: Quynh, Thanh, Xuan, Phuong ▪ Property division:
- Portion by law: Quynh = Thanh = Xuan = Phuong = 2,970,000,000/4 = 742,500,000 VND
Phuong passed away: Valid will → testamentary
▪ Property: 7,350,300,000 + 742,500,000 (inheriting from Khanh) = 8,092,800,000 VND ▪ Heirs: lOMoAR cPSD| 59085392
- Independent heirs: Quynh, Truong - Name in wil : Tuan, Tu ▪ Property division
- Independent heirs: 2/3 * portion by law(*) = 2/3 * 1.618.560 = 1,079,040,000 VND
Intestacy: portion by law(*): Quynh = Truong = Tuan = Tu = Kiet = 8,092,800,000/5 = 1,618,560,000
- Name in wil : 8,092,800 – (1,079,040*2)= 5,934,720 = Tuan + Tu - Tuan = Tu = 5,934,720/2 = 2,967,360,000
1. Which of the following persons will be Khanh’s heirs?
a. Quynh, Thanh, Xuan, and Phuong
b. Quynh, Thanh, Xuan, Tuan, and Tu
c. Quynh, Thanh, Xuan, Tuan, Tu, and Kiet
d. Quynh, Thanh, Xuan, Tuan, Tu, Truong, and Kiet
2. How much is Phuong’s property? a. 7.350.300.000 dong b. 7.721.550.000 dong c. 8.092.800.000 dong d. None of the above
3. How much is Khanh’s property? a. 2.970.000.000 dong b. 3.800.000.000 dong c. 4.000.000.000 dong d. None of the above
4. Which of the following persons will be Khanh’s heirs?
a. Quynh, Thanh, Xuan, and Phuong
b. Quynh, Thanh, Xuan, Tuan, and Tu
c. Quynh, Thanh, Xuan, Tuan, Tu, and Kiet
d. Quynh, Thanh, Xuan, Tuan, Tu, Truong, and Kiet
5. How much is Khanh’s property? lOMoAR cPSD| 59085392 a. 2.970.000.000 dong b. 3.800.000.000 dong c. 4.000.000.000 dong d. None of the above
6. How much property will Truong inherit from Phuong? a. 980.040.000 dong b. 1.079.040.000 dong c. 1.348.800.000 dong d. None of the above
7. Which of the following persons will be Phuong’s heirs? a. Tuan and Tu
b. Tuan, Tu, Truong, and Quynh
c. Tuan, Tu, Truong, Quynh, and Khanh d. Tuan, Tu, Truong, Kiet, Quynh, and Khanh
8. How much property will Tuan inherit from Khanh? a. 2.965.000.000 dong b. 3.735.000.000 dong c. 4.685.000.000 dong d. None of the above
9. How much property will Tuan inherit from Phuong? a. 2.967.360.000 dong b. 2.697.600.000 dong c. 3.185.130.000 dong d. None of the above
10. How much property will Quynh inherit in total? a. 1.821.540.000 dong b. 2.091.300.000 dong c. 5.061.300.000 dong d. None of the above lOMoAR cPSD| 59085392 Ans: 1. A 2. C 3. A 4. A 5. A 6. B 7. B 8. D 9. A 10. A Case 2:
Hung and Trinh have 3 children including Phuong, Thanh and Xuan. Due to cancer, Phuong
passed away in 2016 with a valid wil to leave all of his property to his children, Tuan and Tu.
In 2017 Hung passed way without a wil . During the marriage, Hung and Trinh created assets
valued at 12.4 bil ion dong. Before Phuong got married, Hung and Trinh donated to him 2
bil ion dong. After getting married with Tham, Phuong and Tham bought a house valued at 8
bil ion dong from their salary.
1. How much is Phuong's property? a. 4 bil ion dong b. 5 bil ion dong c. 6 bil ion dong d. 10 bil ion dong
2. Which of the following are Phuong's heirs? a. Tuan, and Tu b. Tuan, Tu, and Tham c. Tuan, Tu, Tham, and Trinh
d. Tuan, Tu, Tham, Hung, and Trinh
3. Which of the following are Hung's heirs? a. Trinh, Thanh, and Xuan
b. Trinh, Phuong, Thanh, and Xuan
c. Trinh, Thanh, Xuan, Tuan, and Tu
d. Trinh, Thanh, Xuan, Tham, Tuan, and Tu
4. How much property will Trinh inherit? a. 1.840.000.000 dong lOMoAR cPSD| 59085392 b. 2.200.000.000 dong c. 2.550.000.000 dong d. None of the above
5. How much property will Tu inherit? a. 2.675.000.000 dong b. 3.200.000.000 dong c. 3.900.000.000 dong d. None of the above Ans: 1. C 2. D 3. C 4. C 5. A Case 3: lOMoAR cPSD| 59085392
Ha and Loan have three children including Ngoc (32 years old), The (30 years old) and Han
(25 years old). In 1997 Ha passed away. Loan re-married and has 2 biological children
including Thuy (8 years old) and Thang (5 years old), and an adoptive son called Vinh (16
years old) with Tuan. Han got married with Hoang and has an 8 year old daughter called Van.
In January 2017, Han passed away due to a car accident. One month after, Loan passed away
due to a stroke. Answer the following questions in the case that Loan and Tuan have 2.8 bil ion
dong as common property while Han and Hoang have 6,3 bil ion dong, and Han made a valid
wil to leave all of her property to her daughter. 1. Who wil be Han’s heirs? 2. Who wil be Loan’s heirs?
3. How much inheriting property wil Hoang be entitled to?
4. How much inheriting property wil Van be entitled to in total? Ans:
1. Who will be Han’s heirs?
Han – valid will → testamentary
- Independent heirs: Loan, Hoang - Name in wil : Van
2. Who will be Loan’s heirs?
- Loan – due to stroke → intestacy
- Heirs: Tuan, Thuy, Thang, Vinh, Ngoc, The, (Han die) → Van
3. How much inheriting property will Hoang be entitled to? Han passed away
▪ Valid will → testamentary ▪ Heirs: lOMoAR cPSD| 59085392
- Independent heirs: Loan, Hoang - Name in wil : Van ▪ Property: 3.15 bil ion
- Independent heirs: Hoang = Loan = 2/3 * portion by law(*) = 2/3 * 1.05 = 0.7 bil ionportion by
law(*) = Loan = Hoang = Van = 3.15/3 = 1.05 bil ion
- Name in the wil : Van = 3.15 – (0.7 * 2) = 1.75 bil ion
→ The inheriting property that Hoang will be entitled is 0.7 billion
4. How much inheriting property will Van be entitled to in total? Loan passed away ▪ Intestacy
▪ Heirs: Tuan, Thuy, Thang, Vinh, Ngoc, The, (Han die) → Van
▪ Property: 1.4 bil ion + 0.7 bil ion = 2.1 bil ion
- Portion by law: Tuan = Thuy = Thang = Vinh = Ngoc = The = Van = 2.1/7 = 0.3 bil ion
→ The total inheriting property that Van will be entitled is 1.75 (from Han) + 0.3 (from Loan) = 2.05 billion Case 4:
Hop and Ca have two children including Giao (40 years old) and Hoan (35 years old). In 1986
Ca passed away. Hop re-married and has 4 biological children including Thuy (28 years old),
Thang (25 years old), Huong (23 years old), Hien (20 years old) and an adoptive son called
Vinh (16 years old) with Ha. Thuy got married with Hoang and has an 8 year old daughter
called Van. In January 2017, Thuy and Ha passed away travel ing to Da Lat. Answer the
following questions in the case that Hop and Ha have 4 bil ion dong as common property while
Thuy and Hoang have 3,6 bil ion dong, and Thuy made a valid wil to leave all of her property to her daughter. 1. Who wil be Ha’s heirs? 2. Who wil be Thuy’s heirs?
3. How much inheriting property wil Hoang be entitled to? lOMoAR cPSD| 59085392 Ans:
1. Who will be Ha’s heirs?
- Han – travel to Da Lat → intestacy
- Heirs: Hop, Thang, Huong, Hien, Vinh, (Thuy die) → Van
2. Who will be Thuy’s heirs?
- Thuy – travel to Da Lat/ have valid will → testamentary - Heirs:
• Independent heirs: Hop, Hoang • Name in the wil : Van
3. How much inheriting property will Hoang be entitled to? Thuy passed away
▪ Valid will → testamentary ▪ Heirs:
- Independent heirs: Hop, Hoang - Name in wil : Van ▪ Property: 1.8 bil ion
- Independent heirs: Hoang = Hop = 2/3 * portion by law(*) = 2/3 * 0.6 = 0.4 bil ionportion by
law(*) = Hop = Hoang = Van = 1.8/3 = 0.6 bil ion
- Name in the wil : Van = 1.8 – (0.4 * 2) = 1bil ion
→ The inheriting property that Hoang will be entitled is 0.4 billion Case 5: lOMoAR cPSD| 59085392
Dat and Linh got married in 1980. During the marriage with Linh, Dat and Linh built up common
property valued at 4 billion dong and had 3 children including Binh, An and Phuong who got married
to Quang in 2010 and has a daughter called Nhi. In 1992, Linh passed away without a will. Since then,
Dat has lived with Hang and has a son with her, Tam. Dat and Hang do not have any common property.
In 2016, due to health issues, Phuong passed away with a valid will leaving all her property to Nhi.
During the marriage, Phuong and Quang bought a house valued at 2.6 billion dong. In 2017, Dat passed away without a will.
Question: How much property will Nhi inherit in total? Ans: 1bill 580 lOMoAR cPSD| 59085392 lOMoAR cPSD| 59085392
Case 6: Doan and Sen have a house valued at 800 million dong and three children including Nhat who
passed away in 1987 when he was 3 years old, Cong and Khanh. In 2010, Khanh got married and has 2
children including Hong (7 years old) and Thanh (4 years old) with Tuan. In 2020, due to cancer, Khanh
passed away with a valid will leaving all of her property valued at 1.5 billion dong to her children. In
2021, due to Covid-19, Doan passed away. After Doan passed away, Sen decided to give Khanh s
children some of Doan s property as Khanh passed away when they were still young. Tuan was not
happy about this as a son in law he should be entitled to receive Doan s property. Therefore, Tuan
requested Sen to give him some of Doan s property.
Question:Which of the followings are Doan's heirs? a. Sen, Nhat, Cong, and Khanh b. Sen, Cong, Hong, and Thanh
c. Sen, Cong, Nhat, Hong, and Thanh
d. Sen, Cong, Hong, Thanh, and Tuan Ans: B
—------------------------------ Case 7:
Hung and Nhu got married in 1995. During the marriage with Nhu, Hung built up common property
valued at 3.2 billion dong and had 2 biological children including Binh, An and an adoptive child Phuong
who got married to Quang who has a son called Binh in 2015 and has daughters with him called Anh
(25 year old) and Mai(10 year old). In September 2010, Nhu passed away without a will due to an
accident. Since then, Hung has lived with Hang and her daughter, Dung. Hung and Hang bought a house
valued at 2.4 billion dong. In June 2017, due to health issues, Phuong passed away with a valid will
leaving all her property to Anh. During the marriage, Phuong and Quang bought a house valued at 4.6
billion dong. In January 2018, Hung passed away with a will. Question:
1. How much is Hung's property?
2. How much is Phuong's property?
3. How much property will Anh inherit in total?
4. Who will be Phuong's heirs? Ans: lOMoAR cPSD| 59085392 Case 8:
In 1980, Hung and Trinh got married. During the marriage, they have 3 children including Phuong born
in 1982, Thanh born in 1987 and Xuan born in 1995.In 2010, Phuong married Truong who has a child
with his ex-wife named Kiet born in 2008. When Phuong got married, Hung and Trinh gave her 2 billion
dong as a gift. During the marriage, Phuong and Truong have 2 biological children including Tuan born lOMoAR cPSD| 59085392
in 2012 and Tu born in 2015.On 2nd August 2017, Phuong made a valid will to leave all her property
to her children, Tuan and Tu after she found out that she was in the last stage of lung cancer.In
September 2018, Phuong passed away. By this time, Phuong and Truong created common property
valued at 14 billion dong.In January 2019, Hung suddenly passed away due to heart attack. By the time,
his common assets with Trinh is valued at 8 billion dong. After Hung passed away, Trinh adopted
Quynh, a 2 year old orphan.In September 2019, Trinh submitted a request to a court to divide Phuong's property to her. Question:
a) How much is Phuong's property?
b) When will Phuong's inheritance be opened?
c) Who of the following are Phuong's heirs? Ans: lOMoAR cPSD| 59085392
Sửa case 8: Independent heir => Hung= Trinh= Truong Quiz cô Thảo: lOMoAR cPSD| 59085392 lOMoAR cPSD| 59085392 lOMoAR cPSD| 59085392 lOMoAR cPSD| 59085392