Does the missing person coming back have the right to take back his/her inheritance?

Does the missing person coming back have the right to take back his/her inheritance?
Posted date: 21/09/2020

I had been missing for several years until being declared dead in 2016. Then, my properties were distributed under the law. In 2019, I came back. Do I have the right to ask the heirs to turn my properties back?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Article 27 of the Civil Code 2015:

“1. When a decision of a court declaring that a person is dead becomes legally effective, all marriage and family relations and other personal relations of such person shall be resolved in the same manner as if the person were dead.

2. The property relations of a person who is declared dead by a Court shall be resolved in the same manners as if such person were dead; the property of such person shall be dealt with in accordance with the law on inheritance.”

Thus, being declared dead, your personal relations shall be resolved in the same manner as if the person were dead.

According to Clause 1 of Article 73, Civil code 2015: “When a person who has been declared dead returns or when there is reliable information that such person is still alive, a court shall, at the request of such person or a person with related rights or interests, issue a decision on annulment of the decision declaring the person dead”.

Accordingly, you have the right to ask the Court to issue a decision on annulment of the decision declaring that you were dead. Your personal relations shall be restored in this case.

Regarding your property rights:

Pursuant to Clause 3, Article 73 of Civil Code 2015:

“A person who has been declared dead but is still alive shall have the right to claim his/her property from the persons who received that his/her inheritance and/or the value of the remaining property.

If the heir of a person whom a court has declared dead is aware that such person is still alive, but intentionally conceals such information for the purpose of enjoying the inheritance, he/she must return all of the property received, including any benefits and income derived; if any damage has been caused, he/she must also pay compensation therefor.”

As analyzed, you have the right to ask the heirs to distribute your inheritance to turn the properties back to you. If they refuse to turn your properties back to you, you are allowed to file a lawsuit to the competent Court.

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.

Legal Advisor: Nguyen Thi Lan Anh

FDVN Law Firm


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