Dispute resolution inheritance

In life, everyone wants their relationships to be good, to avoid conflicts and conflicts, but for many reasons, in reality, disputes are still going on, especially property disputes. According to the Court's summary, the disputed special assets of inheritance disputes tend to increase. When there is an inheritance dispute, there are many ways to solve it. However, to ensure that your rights and harmony do not affect your relationship, it is not easy. With a team of lawyers with many years of experience in dispute settlement inheritance DHLaw law firm introduces the dispute settlement article below.

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1. What is an inheritance dispute?

Disputes are understood as the occurrence of disagreements, contradictions, conflicts of material interests between the parties.

At present, there are no regulations on inheritance dispute. According to legal science, an inheritance dispute is a conflict of interest between the parties in the inheritance relationship. Where inheritance is understood as the transfer of ownership of property from the deceased to the heirs.

Dispute resolution inheritance

In practice law enforcement, inheritance disputes usually have the following contents:

Dispute inheritance

Disputes over inheritance

Disagreement about the content of the will

Disputes over the identification of the subject to perform the obligations of the estate leaver

Dispute over the division of inheritance

2. Methods of settling the inheritance dispute

Inheritance is a special type of dispute because inheritance disposals often have blood relations, foster care, and marriage, so resolving disputes while maintaining a relationship is not. easily. In resolving an inheritance dispute, subjects may choose the following methods:

2.1 Negotiation, mediation

Negotiation is a way of resolving disputes by the two parties in conflict to meet and discuss solutions to conflicts inheritance.

Mediation is a way of settling disputes by inviting a third party (individual or organization) to mediate, to point out, to suggest a way to settle disputes related to the inheritance of the two parties. 

This mode of dispute settlement is flexible, flexible and cost-saving for the parties. However, the outcome of dispute settlement is not binding on the parties.

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2.2 Settlement of disputes at the court

Competence to settle inheritance disputes

In order to be accepted by the court for settlement of inheritance disputes, the plaintiffs must determine the jurisdiction of the court. Accordingly, the inheritance dispute will be resolved at one of the following People's Courts:

Real estate inheritance disputes will be resolved in the District People's Court with real estate

Inheritance not related to real estate will be resolved at the District People's Court where the defendant resides except in cases involving inheritance involving foreign elements.

A dossier of request for settlement of an inheritance dispute

Plaintiffs should prepare a set of petitions to dispute inheritance including the following documents and documents:

The petition includes the contents specified in Article 189 of the Civil Procedure Code 2015

Copy of ID card

Copy of household registration book

Copy of marriage certificate

A copy of the will (if the inheritance relates to the testament)

Evidence proving that the claim is legitimate

Procedures for resolving inheritance disputes

Step 1: The plaintiff files a lawsuit petition to the competent People's Court. Plaintiffs can file the case directly or file by mail.

Step 2: The court asks the plaintiff to pay the court fee and proceed with the settlement

Step 3: The court will proceed to resolve the case in accordance with the Civil Procedure Code 2015. In which the Court will conduct the mediation for the parties, requesting the parties to provide publicly the evidence related to case…

Advantages and disadvantages of the method of settling disputes inherited in court

About advantages:

This is a procedural solution in accordance with the law

Judgments and decisions of the court are binding on the parties to do, if not implemented will bear adverse legal consequences.

The subject of the settlement is experienced, knowledgeable in law, ensuring fairness and reasonableness in the settlement of disputes.

On the downside:

Dispute resolution in the court is the last mode of dispute resolution because litigation will affect the relationship, prestige and honor of the parties.

The dispute settlement time is quite long, the cost of dispute settlement is great.

Source: tu van luat mien phi qua dien thoai