CONSULTATION ON INHERITANCE DIVISION DISPUTE

Matter in Brief:

The natural parents of Ms. Nguyen Thi Hg (Mr. V and Mrs. N) were legally married and had three children. During their marriage, Mr. V and Mrs. N acquired the following assets: (1) Land plot 291, measuring 300 square meters, with a three-story house located at 9 NT Street, Ward X, District Y, City H, valued at approximately 35 billion VND; (2) Principal and accrued interest in Savings Account No. LA 57XX, amounting to nearly 4 billion VND; and (3) A MERCEDES 5 automobile, valued at approximately 2 billion VND (hereinafter collectively referred to as the “Assets”).

Mrs. N passed away on October 17, 2007, and Mr. V passed away on October 15, 2021. The aforementioned assets have not yet been divided among Ms. Hg and the co-heirs. Mr. M, one of the co-heirs, is currently in possession of all the assets and related legal documents. Furthermore, Mr. M claims that before their deaths, his parents left a will bequeathing all the assets to him, and therefore refuses to participate in the inheritance division. Ms. Hg and one of her sisters have repeatedly requested Mr. M to cooperate in dividing the Assets, but Mr. M has refused to do so.

Client’s Request: Ms Hg has requested TAPHALAW’s legal advice on a solution to compel Mr. M to reach a mutual agreement on the partition of the inherited property left by their deceased parents.

Attorney’s Work Performed:

1. Dispute Resolution Consultation

Upon receiving the case, TAPHALAW’s attorney reviewed the file, compared it to the current legal provisions, and drafted a Consultation Letter for Ms. Hg. In the letter, TAPHALAW analyzed the relevant legal grounds, assessed the documents and evidence in the case file, and considered Ms. Hg’s requests.

Legally, the attorney provided an assessment based on the following criteria: (i) status as an heir of Ms. Hg and two children of Mr. V and Mrs. N’s; (ii) the inherited estate left by Mr. V and Mrs. N; (iii) legal effectiveness of the oral will as presented by Mr. M; and (iv) the solution in the event that the parties could not agree on the division of the inherited estate or the claim to the estate left by Mr. V and Mrs. N.

Based on the aforementioned legal assessment, the attorney proposed solutions to resolve the dispute between Ms. Hg, Mr. M, and a sister who was a co-heir. The attorney encouraged them to negotiate and enter into an agreement on the division of the inherited estate, rather than resorting to litigation, which would be time-consuming, costly, and stressful for all parties involved (as all parties would have to bear court fees and other litigation costs).

2. Assistance to the Client in Dispute Resolution Meetings:

After receiving the Consultation Letter, Ms. Hg opted to propose a negotiated settlement with the co-heirs and requested that TAPHALAW’ attorney participate in the negotiation, providing legal analysis and support. Ms. Hg agreed that during the negotiation, the parties would discuss and agree upon their respective rights, obligations, contributions, and the current financial circumstances and family situations of each co-heir, thereby creating a written agreement on the division of the inherited estate as a basis for claiming the inherited estate.

Recognizing that prolonging the matter would be detrimental to the client, the attorney promptly drafted a document addressed to Mr. M and the other heirs, inviting them to participate in a meeting to negotiate a settlement of the inheritance dispute.

At the meeting, the parties expressed their grievances and even used harsh language, each presenting their own arguments. Recognizing that the conflict between the parties was escalating, TAPHALAW’s attorney listened to the presentations of all parties. Afterward, the attorney provided legal analysis and assessments to help the parties understand that: (i) the legal rights and interests of each co-heir were equal; (ii) the law would best protect the parties if they fully complied with the legal provisions on the agreement to divide the inherited estate; and (iii) to bring the matter to a final resolution and avoid complex legal procedures that would be time-consuming, costly, and further strain relationships among family members, the most effective solution would be to negotiate a division of the inherited estate. The meeting concluded with a successful agreement among the parties.

Consultation Outcome:

The parties have reached an agreement as follows: (i) A written agreement will be executed to record the parties’ agreed-upon division of the inherited assets left by their parents; (ii) Based on this agreement, the parties will request TAPHALAW’s attorney to provide legal advice and guidance on the procedures for the agreed division of inherited assets and/or the declaration of inherited assets as required by law, as well as the procedures for registering and updating changes to the assets.

During the meeting, the attorney drafted an agreement recording the terms agreed upon by the parties. This agreement was approved by the parties at the meeting, and the attorney recommended that the parties have the agreement notarized. The parties have agreed to sign the agreement, and it has been submitted for notarization to serve as the basis for further actions.