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 will 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:
- Independent heirs: Quynh, Truong

- Name in will: 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 =

- Name in will: 8,092,800 – (1,079,040*2)= 5,934,720 = Tuan + Tu - Tuan = Tu = 5,934,720/2

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?

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

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

Ans:

1. A 3. A 5. A 7. B 9. A

2. C 4. A 6. B 8. D 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 will to leave all of his property to his children, Tuan and Tu.
In 2017 Hung passed way without a will. During the marriage, Hung and Trinh created assets
valued at 12.4 billion dong. Before Phuong got married, Hung and Trinh donated to him 2
billion dong. After getting married with Tham, Phuong and Tham bought a house valued at 8
billion dong from their salary.

1. How much is Phuong's property?

a. 4 billion dong b. 5 billion dong

c. 6 billion dong d. 10 billion 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

4. How much property will Trinh inherit?

a. 1.840.000.000 dong 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:

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 billion dong as common property while Han and Hoang have 6,3 billion dong, and
Han made a valid will to leave all of her property to her daughter.

1. Who will be Han’s heirs?

2. Who will be Loan’s heirs?

3. How much inheriting property will Hoang be entitled to?

4. How much inheriting property will Van be entitled to in total?

Ans:

1. Who will be Han’s heirs?

Han – valid will → testamentary

- Independent heirs: Loan, Hoang

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:

- Independent heirs: Loan, Hoang

- Name in will: Van

▪ Property: 3.15 billion

- Independent heirs: Hoang = Loan = 2/3 * portion by law(*) = 2/3 * 1.05 = 0.7 billion

portion by law(*) = Loan = Hoang = Van = 3.15/3 = 1.05 billion

- Name in the will: Van = 3.15 – (0.7 * 2) = 1.75 billion

→ 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 billion + 0.7 billion = 2.1 billion

- Portion by law: Tuan = Thuy = Thang = Vinh = Ngoc = The = Van = 2.1/7 = 0.3 billion

→ 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 travelling to Da Lat. Answer the
following questions in the case that Hop and Ha have 4 billion dong as common property
while Thuy and Hoang have 3,6 billion dong, and Thuy made a valid will to leave all of her
property to her daughter.

1. Who will be Ha’s heirs?

3. How much inheriting property will Hoang be entitled to?

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 will: Van

3. How much inheriting property will Hoang be entitled to?

Thuy passed away

▪ Valid will → testamentary

▪ Heirs:

- Independent heirs: Hop, Hoang

- Name in will: Van

▪ Property: 1.8 billion

- Independent heirs: Hoang = Hop = 2/3 * portion by law(*) = 2/3 * 0.6 = 0.4 billion

portion by law(*) = Hop = Hoang = Van = 1.8/3 = 0.6 billion

- Name in the will: Van = 1.8 – (0.4 * 2) = 1billion

Case 5:

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

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?

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 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:

Quiz cô Thảo: