Heritage rights of my stepsons when my wife dies

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lau1956 New member

Member since 29 March 2016

lau1956New member29 March 2016 02:52:17

My Vietnamese wife has two sons from a previous marriage.
We are married under Vietnamese law.
We have a house, a piece of land and money in the bank.
All on my wife’s name.

When my wife dies, I want to sell these, to be able to return to my home country.

Are my two stepsons entitled to a part of our belongings when my wife dies?
At the moment they do not live with us and are not in my wife’s registration book (Sổ Hộ Khẩu).

If they are entitled to a heritage, it is possible to change this until we are deceased both?

jpbsimpson Active member

Member since 15 March 2011

jpbsimpsonActive member31 March 2016 01:40:36

Be careful,
I have been advised (maybe incorrectly) that if my Vietnamese wife dies before me that her will to leave the house to her brother is only good for 50% of the house. The government will still consider that I am due 50% as her spouse. This would default to the government as I am not allowed to own the proprty under Vietnamese law. If this applies in reality it would mean that your concerns regarding the stepsons inheriting it would only apply to 50% of the property value. Your 50% would already be in the hands of the government. I seriously suggest that you get proper legal advice and take steps to avid losing out.

lau1956 New member

Member since 29 March 2016

lau1956New member31 March 2016 09:11:44

THanks jpbsimpson,

Then can somebody give me me the adres of a legal adviser specialized in this subject?

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