[School – Law] Exercise split inheritance

June 26, 2016 nguyenvanquan7826 From- Other categories 196 responses

Prep and several brothers and sisters in class arguing about the inherited form of exercise divided very exciting but it has many mixed. Originally mềnh also unexciting opinions. So went reader, collect several types of exercises in the familiar easy-to exam. After some thought the night would have to say that out of the way.

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Updated on 28/05/2015: Due to feedback comments of some suggestions on how you should Vd2 he had asked the teachers and revised as below. We thank you for your comments.

To be able to do exactly this type of exercise you should read the following theory first and then go on to do such. This article references on how to make the page thongtintuvanphapluat.blogspot.com

Steps homework inheritance division

Step 1: Mapping pedigree.
This step is not necessary in the exam but you should do or make drafts so you can see an overview of the relationship between objects in the assignment, avoid omitting object when dividing assets.

Step 2: Identify heritage deceased.
– To do this step needs to pay attention to, deaths are single or married, if married, you need to see the property is separate property, property is common property, part of the common property, the legal principles applicable divide the couple's assets in accordance with Article 95 Family Marriage Law ( in principle be divided).
– The obligation deceased: Usually in these exercises are divided inheritance with funeral costs, This cost will be deducted from the estate of the deceased.
– The block other assets of the deceased have been: Can people get a share of the inheritance of others in the same situation, so you need to pay attention to this clause added to the heritage sector.

Step 3: Determine whether testamentary or not? Wills is legal or not? Effective in whole or in part?
– For this step you should see all the data whether or not a will leaving? If so, you should see the will is legally in terms of content and form prescribed by law or not? Refer to Article 652 CC. View of the heirs alive at the time of the inheritance or not? ( for individuals), exists or not? ( for organizations).
– If after considering that the legal testament testamentary inheritance division, if there is no will, the legal division. Depending on the specific case should be considered testamentary disposition has the entire heritage or not? If you have not yet been decided or not effective, it must continue to divide according to law.

Notes on testamentary inheritance division

Thing 669. The heir does not depend on the content of wills
The following people still enjoy the heritages by two-thirds of the capacity of an heir at law, if the estate is divided according to law, in case they do not get the testator to inherit property or just to enjoy the heritages less than two-thirds of that interest, unless they are waived, as defined in Article 642 or they are not entitled to inherit property under the provisions of Clause 1 Thing 643 of this Code:
– Minor children, father, mother, wife, husband;
– Adult children without working capacity.
Thing 677. Inheritance by substitution
In the case of the deceased died before or at the same time with the deceased child shall be entitled to share the legacy of her father or mother is entitled if alive; if she died before or at the same time with the legacy left by the great-grandchildren enjoy the legacy of the great grand parent is entitled if alive.

Usually if the facts exercises testaments wills wills that effective part, 1 section will not arise due to the effect dies before or the same or a testament to those who have not been protected in Article 669 enjoy full 2/3 1 interest heir at law.

Case 1:
There are people who die before or at the time of death: In this case, after the share split testament effect is further broken part legal heirs remaining legacy, absolutely not apply that to your heirs ( Thing 677) in this case.

Case 2:
After dividing by will and laws that have heirs under Article 669 the need for them to receive full 2/3 a legal heir interest, in this case to calculate a rate of inheritance under the law, They then identify the missing component to fully 2/3 a rate of inheritance. The problem is to get the missing part from where it currently exists 02 point:
Point 1: Get the ratio of the testamentary heir.
Point 2: Get the proportion of those who are entitled to inherit under the will and legal.
In this article, I'll do the first point 2.

Notes to divide the inheritance according to law

  • The case-law of inheritance division.
    You refer to Article 675 The Civil Code 2005.
  • Determining heirs according to the provisions of Article 676 CC.
  • Inheritance by substitution: It should be noted that the inheritance will only apply when children of the deceased dies before or at the same time with the dead, not apply to cases where the deceased died after the. And I, great-grandchildren to inherit is the biological child of the deceased, can understand na is not applicable to "feed me", "Great-rearing". Inheritance world also only applies to the case-law of inheritance division, not apply to the case of a testamentary inheritance division. When the deceased has left for the part, but the part that dies, it will not generate force and is divided according to law, This time the children / grandchildren to inherit that new position.

Some examples

Example 1
This example raises dividing the legal heirs.

A married with B and 2 C and D is the.
C taking E 2 C1 and C2 are the.
D obtained F 2 D1 and D2 are the. When in traffic, A and C had an accident and died, all 2 who do not have a will before death. Please share of the family property A and B share info 600 million.

Award:
– Family tree:
divided inheritance

  • Identify heritage of A and C.
    Because A and B share 400 million => A can 600 / 2 = 300 million.

  • There is therefore a testament to the entire 200 A million will be divided according to law. According to those who inherit the B, C, D. Each person is 300 / 3 = 100 million.
    However, because C and A should die at the same time 100 million that C will get from A to C1 and C2 are transferred, per person 100 / 2 = 50 million (statutory heirs successors).
    So:
    B = D = 100 million (Besides B also 300 million)
    C1 = C2 = 50 million.

Example 2
For example testamentary inheritance division.

He is married to Mrs. B A Year 1980 Hanoi and 3 children are C, D, And.
C M and the Maldives are the X and Y.
Maldives D is N and the K and H.
Year 1999 A living with his grandmother and the general Q is P.
Month 5 year 2008 Mr. A and C and died in traffic accident. Before his death he was a testator to the entire property to her B and C, D, And.
Break his legacy A, know that the common property of Mr. A and Mrs. B's 400 million, He lived during her Q and A with common properties is 400 million.

Award:

  • Family tree.
    divided inheritance

Old solution (Not You)
New Solution:
– Identify assets of A
Because A and Q share 400 million to A will be 200 million from here.
Because A and B share 400 million to A will be 200 million from here.
Because A and B are legally husband and wife should amount 200 million of A with Q will divide B half.
Then A = B = total 300 million.

  • Do A testator legal đểu, transfer the property to B and C, D, E, each person will be 300 / 4 = 75 million.
    However, due to die at the same time C A should 75 million of C will be divided according to law. According to the heir is. B, C, D, E and P (The first line of inheritance) and each person is 75 / 5 = 15 million. Because C is deceased and 15 million of C will be moved to 2 và X Y, per person 7,5 million.
    Then:
    B = D = E = 75 + 15 = 90 million. (Also B also 300 million is 1 A half with).
    P = 15 million
    X = Y = 7,5 million.

Because at the time of a death, P is not enough 18 P age should be the subjects of law 669 and P received enough 2/3 of 1 interest heir at law.
Assume initially divided according to law, will have 5 who inherit the B, C, D, E and P (Part C of X and Y will be received in inheritance successor). Every person is entitled 300 / 5 = 60 million. Therefore P P amount received is 2 / 3 * 60 = 40 million. So everyone (B, C, D, And) will have to deduct an amount for P 40 – 15 = 25 million.
As we calculate the rate on B:C:D:E = 90:15:90:90. Therefore:
B, D, E per person required to deduct the 25 * (90/285) = 7,89 million.
C (X Y) to extract 25 * (15/285) = 1,32 million.

And finally we have:
B = D = E = 90 – 7,89 = 82,11 million. (B also 300 million more).
X = Y = (15 – 1,32) / 2 = 6,84 million.
P = 40 million.
Q = 200 million.
The total amount is: 82,11 * 3 (B, D, And) + 6,84 * 2 (X, AND) + 40 (P) + 200(Q) + 300(B) = 800,01 million (Due to rounding).

Example 3

He is married to Mrs. A and B 2 I generally C, D.
C paralyzed from small. D and E are married 2 the F, G.
+ 2004, D ill die.
+ 2/2006 Mrs. B testator legally leave 1/3 house for the grandchildren to inherit G.
+ 10/2006 Mrs. B died. Then the parties dispute occurred.
Dispute Resolution know:
+ Personal property of D is 100 million
+ The house is the common property of Mr A and Mrs B value 240 million. Her parents died B.

Award
– Family tree:
divided inheritance

  • At the time of death D. D 100 million.
  • D Do not have testamentary assets of D should be divided according to law 5 people (The, B, And, F, G) each 20 million.
  • Then:
    A = B = 120 (1/2 of 240) + 20 = 140 million.
    E = F = G = 20 million.

  • At the time of death B B 140 million.

  • Because B is a testament to the will must be divided by G is 1/3 house = 1/3 * 240 = 80 million. B also 140 – 80 = 60 not to mention millions. It will be divided according to law. 60 This million divided by law, A, C, D will be awarded per person 20 million. Because D is dead should 20 million will be distributed equally to legacy F and G according successor.
    Then:
    A and C are receiving more 20 million
    F and G receive more 10 million

Because C and A disability is not mentioned in the will of B, C and A are the subjects of law 669. Thus A and C will receive enough 2/3 assets of 1 the legal separation.
Assuming the initial assets of B divided by law. When there 3 who is a, C, D received, per person 140 / 3 = 46,67 million. Thus A and C each have received the full amount of the 2 / 3 * 46,67 = 31,11 million > 20 million as on. Then we need to share the following:
The amount of B remainder after the division for A and C are 140 – (31,11 * 2) = 77,78 million. Of 77,78 rest of B less 80 million that G should receive full testamentary 77,78 million belonging to G.

So:
A = 140 + 31,11 = 171,11 million
C = 31,11 million
E = F = 20 million
G = 20 + 77,78 = 97,78 million.