CAN PERSONS BELOW 18 YEARS OLD GIVE A PART OF THE HERITAGE TO OTHER HEIR?

Answer:

Thank you for trusting and sending questions to FDVN Law Firm (“FDVN”), after researching the legal regulations, we have the following information to exchange:

For your twin children who are currently over 18 years old, if they have full civil act capacity (without loss of civil act capacity, cognitive difficulties, behavioral control or limited civil act) may establish and perform civil rights and obligations by themselves. In this case, your two 20-year-old children can sign a written agreement to donate the entire estate that they are entitled to you.

For your 15-year-old child, Clause 4, Article 21 of the Civil Code 2015 stipulates as follows: “4. Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.”. Thus, a person under 18 years of age is not allowed to establish and perform civil transactions related to real estate by himself, but must have his/her legal representative to establish and perform transactions.

Regarding the legal representative of an individual, Article 136 of the 2015 Civil Code stipulates:

“1. The father and/or mother with respect to a minor.

2. The guardian with respect to a ward. The guardian of a person with limited cognition and behavior control is a legal representative if appointed by a court.

3. The person appointed by a court in case where it is not able to determine the representative prescribed in Clause 1 and Clause 2 of this Article.

4. The person appointed by a court with respect to a person with limited legal capacity.”

Thus, if not in the special cases according to Clauses 2, 3, 4, Article 136 of the Civil Code 2015, you are the legal representative of your 15-year-old child.

Regarding the scope of representation, according to the provisions of Clause 3, Article 141 of the Civil Code 2015: “A natural or juridical person may represent multiple natural or juridical persons but he/she/it may not, on behalf of the principal, enter into and perform a civil transaction with him/her/it or with a third party that he/she/it also acts as a representative therefor, unless otherwise prescribed by law.

Therefore, according to the provisions of current law, you cannot sign the agreement on the division of the estate as the recipient and the representative of the person under the age of 18 who donates to the inheritance estate at the same time. In this case, you can wait a little longer for your children to turn 18, or make an Agreement on division of estate (the two eldest children give the entire inheritance estate to you or refuse to receive the inheritance estate) to include the youngest child's name on the land use right certificate along with your name.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Hoang Thuy Quynh – FDVN Law Firm

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