Ho Chi Minh City, 25 September 2026
In inheritance disputes, where one or more heirs reside overseas, difficulties often arise in verifying information, collecting evidence, and fully identifying persons with relevant rights and obligations. These issues become more complex where an heir residing overseas has passed away but information concerning his or her successors is incomplete.
Precedent No. 06/2016/AL addresses such circumstances. Through a dispute concerning the inheritance of a house in Hanoi, the Supreme People’s Court clarified the Court’s responsibilities in collecting evidence and continuing to resolve the case where complete information concerning heirs residing overseas cannot yet be identified.
Background of the Case
The case concerned a house in Hanoi forming part of the estate of a deceased person who died intestate. The deceased had six children, three of whom resided in Vietnam, namely Mr. Hung, Ms. Tien and Ms. Hau, while the other three, namely Mr. Duong, Ms. Cam and Ms. Thao, resided overseas.
Following the death of the deceased, the three children residing in Vietnam divided the house into three parts for their respective management and use. Subsequently, Ms. Tien and Ms. Hau transferred the respective portions under their management to third parties. Mr. Hung then initiated legal proceedings requesting the Court to divide the estate.
The case file contained documents indicating that the three children residing overseas had agreed to transfer their respective inheritance shares to Mr. Hung. However, only photocopies of those documents were submitted. In addition, the parties confirmed that Mr. Duong and Ms. Thao had passed away overseas, but were unable to provide their death certificates or the names and addresses of their children.
The first-instance and appellate courts suspended the resolution of the case on the grounds that Mr. Hung had failed to provide information concerning the children of Mr. Duong and Ms. Thao, as well as information regarding the persons occupying the portions of the house that had been transferred.
The case was subsequently reviewed under the cassation procedure. The Supreme People’s Court set aside the suspension decisions and ordered the case to be reheard on the basis that the grounds for suspension were incorrect. The cassation decision was subsequently selected as the source of Precedent No. 06/2016/AL.
Reasoning of the Cassation Court
First, it was incorrect to require the plaintiff to provide information concerning the children of Mr. Duong and Ms. Thao as a condition for the case to proceed. The Court was required to collect evidence and conduct judicial entrustment procedures in order to verify the status of Mr. Duong and Ms. Thao and ascertain the views of their heirs.
Where sufficient evidence could not be collected, the Court was nevertheless required to consider the request for division of the estate in accordance with the rules on intestate succession. The inheritance shares attributable to Mr. Duong and Ms. Thao could be temporarily entrusted to persons residing in Vietnam for management in order to preserve the rights of their respective heirs.
Second, in relation to the portions of the house that had been transferred to third parties, it was also incorrect to require the plaintiff to provide information concerning the persons managing or occupying those portions. In this case, the defendants were the parties who had directly carried out the transfers and were therefore in a position to provide the relevant information.
Key Takeaways and Recommendations
From this case, we highlights the following practical considerations in relation to inheritance matters:
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Asset owners should consider preparing a valid will and establishing an estate succession plan at an early stage. Clearly identifying the heirs, their respective inheritance shares and the method of distribution may help reduce the risk of future inheritance disputes.
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In relation to wills, disclaimers of inheritance, agreements on the division of estates, and other documents concerning inheritance rights, particular attention should be paid to applicable requirements regarding form, content, notarization, certification and consular legalisation, where applicable, to ensure their legal validity and practical enforceability.
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Where heirs reside overseas, maintaining and updating information concerning their addresses, civil status and family relationships may be important for the resolution of inheritance disputes.
Conclusion
From a dispute-prevention perspective, Precedent No. 06/2016/AL highlights the importance of preparing a valid will, establishing an appropriate estate succession plan and maintaining adequate supporting records. These measures may help ensure that assets are transferred in accordance with the wishes of the deceased and reduce the risk of disputes among family members.
Read the full Precedent on LuatVietnam here: Link
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Read the previous Case Notes here: Part 1
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For inquiries regarding inheritance disputes involving overseas heirs, succession planning or related estate matters, please get in touch with our team:
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