Legal situation: I paid Mr. A 50 million for a plot of property, and both sides agreed to execute a notarized transfer contract and complete the final payment four months later. Unfortunately, Mr. A died in a car accident two months after the deposit agreement was signed, leaving no will. I have called Mr. A's children several times to urge that the transaction be completed, but they claim to know nothing and that everything ended with Mr. A's death. The purchase deal was intended to be finalized four months ago, but Mr. A's children are refusing to cooperate. Can I sue to get my deposit back and impose a penalty? I'd appreciate it if a lawyer could give me some advice on this. Thank you very much!

FDVN’s Opinion: 

Thank you for entrusting your request to FDVN Law Firm. We would like to share with you our opinions as follows:

Firstly, regarding the performance of property obligations left by the deceased.

It is stipulated in Article 615 of Civil Code 2015 regarding the performance of property obligations left by the deceased as follows:

“1. A person entitled to an inheritance has the responsibility to perform the property obligations within the scope of the estate left by the deceased unless otherwise agreed.

2. Where an estate has not yet been divided, the property obligations left by the deceased shall be performed by the administrator of the estate as agreed by the heirs.

3. Where an estate has already been divided, each heir shall perform those property obligations left by the deceased corresponding to, but not exceeding, that part of the estate that the heir has inherited unless otherwise agreed.

4. Where the heir inheriting an estate under a will is not a natural person, it must perform the property obligations left by the deceased in like manner as a natural person.”

Based on the regulations mentioned above, because Mr. A died without leaving a will, his heirs are liable for satisfying the property responsibilities within the limits of the estate left by Mr. A. Article 651 of the 2015 Civil Code defines legal heirs as follows:

“1. Heirs at law are categorized in the following order of priority:

a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring, and adopted children of the deceased;

b) The second level of heirs comprises grandparents and siblings of the deceased; and biological grandchildren of the deceased;

c) The third level of heirs comprises biological great-grandparents of the deceased, biological uncles and aunts of the deceased, and biological nephews and nieces of the deceased.

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit, or have disclaimed the right to inherit.”

Therefore, Mr. A's first-level heirs (spouse, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child) must continue to fulfill the contract. If there are any violations of the deposit contract, they can be remedied via mutual agreement between the parties or by following legal procedures.

FDVN's advising opinion on your request is based on our examination of the applicable legal laws. We hope that FDVN's advice will be useful to you.

Nguyễn Thị Thảo Nguyên – FDVN Law Firm

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