Legal situation: Hello Lawyer, my father died suddenly in an accident without leaving a will. His legacy was a land plot with an area of 530m2. After that, my family reached an agreement to make a document on the division of inheritance for the property left by my father. That document has been notarized but the procedures for land registration have not been carried out. However, a month later, my mother changed her mind to leave the inheritance that my mother received to my brother. I want to know if after being notarized, the written agreement on the division of the inheritance can be canceled. Please advise me on the procedures. Thank you.

Answer: Thank you for sending your question to FDVN Law Firm (FDVN). For your consulting requirements, after studying the relevant legal regulations. FDVN provides some opinions as follows:

1. Regarding the cancellation of the notarized inheritance division document

The notarization of the amendment, supplementation, or cancellation of a notarized contract or transaction shall comply with the provisions of Article 51 of the Law on Notarization, specifically as follows:

“1. The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction.

2. The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.

3. Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter.”

Thus, based on the above provisions, the cancellation of the written agreement on the division of the inheritance must be agreed upon by all persons who have participated in that transaction. The notarization of the cancellation of the written agreement on the division of the inheritance shall be carried out at the notarial practice organization that has performed the notarization and conducted by the notary. In case a notarial practice organization that has performed notarization terminates its operation, transforms, transfers, or dissolves, the notary of the notarial practice organization that is keeping notarization records shall perform the cancellation of a notarized written agreement on the division of the inheritance.

2. Notarization procedures to cancel the written agreement on the division of inheritance

Clause 3, Article 51 of Law on Notary 2014: “Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter.”

Based on the above provisions, procedures for notarization of the cancellation of the written agreement on the division of inheritance shall be carried out as follows:

Step 1: Prepare documents

- Notarization request form;

- Written agreement on the division of inheritance (original).

- Draft of Document to cancel the written agreement on the division of inheritance.

- Certificate of land use rights, ownership of houses, and properties attached to the land.

- Documents: Proving the relationship between the estate leaver and the heir, the death certificate of the estate leaver, personal papers (identity card; citizen identification...).

Step 2:

- The notary examines the documents in the notarization request file. If the notarization request is complete and following the law, it shall be accepted and recorded in the notarization book.

- The notary shall guide the notarization requester to strictly comply with the regulations on notarization procedures and legal regulations related to the implementation of the written agreement on the division of the estate; explain to the notarization requester clearly understand their rights, obligations, and legitimate interests, the meaning and legal consequences of the cancellation of the written agreement on the division of the estate

- The notary examines the draft document to cancel the agreement on the division of the estate; if there are provisions in the draft that violate the law or are contrary to social ethics, or if the subject matter of the draft is inconsistent with the provisions of law, the notary must indicate it to the notarization requester for correction. In case the notarization requester fails to make corrections, the notary has the right to refuse notarization.

Step 3:

- The notarization requester re-reads the draft by himself or the notary reads it to the notarization requester at the request of the notarization requester.

- After re-reading the draft document on cancellation of the document on the division of the estate, the notarization requester agrees to all contents of the draft contract or transaction, then signs each page of the contract or transaction.

- The notary public requires the notarization requester to present the originals of the papers specified in Clause 1, Article 40 of the Law on Notarization 2014 for comparison before recording testimonies and signing each page of the document.

Consideration agency:

- The notary office has notarized the previous agreement on the division of inheritance.

- If this office or notary office has terminated its operation, converted, transferred, or dissolved, the notary of the notarial practice organization holding the records will cancel the division agreement. inheritance inheritance.

The above is FDVN's consulting opinion related to your consulting request based on the research of legal regulations. Hope the advice of FDVN will be useful to you!

Phan Duc Huynh – FDVN Law firm

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