Is it possible to inherit from ex-husband after married to another?

I and Mr. A got married since 2002. We have 2 children. In 2015, Mr. A became ill and died without any testament. The properties of Mr. A is a house and two plot of land. After Mr. A's death, my parents-in-law said nothing about the house and the two plots of land. In 2017, I got married to Mr. H and registered our marriage status under the law. In 2018, my parents-in-law reclaimed the properties I had been managing and asked me to return the properties. They said that I was not entitled to inherit Mr. A's property because I got married to another after my ex-husband had died. I would like to ask if I could inherit the part of the property of Mr. A?

FDVN’s opinion:

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice on your question. 

According to the information you provided, Mr. A died without any testament, so Mr. A's properties will be inherited according to the law [point a, Clause 1, Article 652, Civil Code 2015].

Thus, Mr. A's heirs at law are defined under Article 676 of the 2005 Civil Code:

“Heirs at law are classified in the following order:

a/ First rank of inheritance shall include wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children and adopted children of the decedent;

b/ Second rank of inheritance shall include paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, natural brother(s) and sister(s) of the decedent; grand-children of whom the decedent is the paternal grandfather or grandmother, maternal grandfather or grandmother;

c/ Third rank of inheritance shall include paternal and maternal great-grandparents; paternal and maternal uncles and aunts by the blood of the decedent; nephews and nieces of whom the decedent is the paternal or maternal uncle or aunt by blood; great-grand-children of whom the decedent is the paternal or maternal great grandparents.”

For your case, you and his parents and two children who are the first rank of the inheritance shall be entitled to earn the equal shares of the estate.

In 2017, you were married to another, your right to inherit is provided as follows: "A person who is the wife or husband of the deceased at the time when his or her spouse dies shall be entitled to inherit the estate of the deceased even if that person subsequently remarries." ”[Clause 3, Article 680, Civil Code 2005, Clause 3, Article 655, Civil Code 2015].

For your case, at the time of Mr. A's death in 2015, you were the legal wife of Mr. A. Therefore, even though in 2017 you were married to Mr. H but according to legal regulations, you still have the right to inherit the legacy that Mr. A left. The marriage with Mr. H after Mr. A's death does not affect your inheritance right.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

- Nguyen Thi Thao -

FDVN Law Firm

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