When the will expires, is it still required to divide the inheritance?

However, point a, clause 2.4, Article 2, Section I of Resolution No. 02/2004/NQ-HDTP of the Council of Judges of the Supreme People's Court provides:

    a) If within ten years since the time of opening the inheritance, the co-heirs have no dispute over the inheritance rights and have written confirmation of being co-heirs, or after the expiration of the ten-year time limit, the co-heirs  have no dispute over the inheritance and both acknowledge that the estate left by the deceased has not been divided, such estate shall be converted into the common property of the heirs. When there is a dispute and the court is requested to settle it, the statute of limitations for initiating a lawsuit on inheritance rights does not apply

If during or after the expiration of 10 years from the time of the death of the heir, the co-heirs have no dispute, there is a written confirmation that they are co-heirs and both acknowledge the undivided estate then the estate will turn into the common property of the heirs.

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Even if there is a dispute and the Court is requested to settle it, the statute of limitations will not be applied in this case. In addition, when the estate leaver makes a will, the common property of the co-heirs in this case will be divided according to the will of the estate leaver.

Therefore, the only case mentioned above does not apply the statute of limitations for initiating a lawsuit on an inheritance dispute, which is when the statute of limitations expires but the co-heir has no dispute and requests to divide the estate, the Court will still resolve the dispute in this case.

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