Relatives of Meritorious Artist Vu Linh sue over inheritance dispute: What do lawyers say?

Hong Nhung sues Vu Linh's daughter, demanding 1.5 billion VND

The People's Court of Phu Nhuan District (HCMC) has announced its acceptance of the inheritance dispute lawsuit regarding the estate of the late Meritorious Artist Vu Linh (real name Vo Van Ngoan).

Meritorious Artist Vu Linh passed away at his home at 12:30 on March 5, after a period of cancer treatment, at the age of 65.

The plaintiff is Ms. Vo Thi Hong Nhung (60 years old, Vu Linh's younger sister), the defendant is Ms. Vo Thi Hong Loan (37 years old, Vu Linh's daughter). Other interested parties include Ms. Le Thi Hong Phuong (Vu Linh's niece), Mr. Vo Thanh Nhieu (Vu Linh's younger brother).

According to the lawsuit, Ms. Nhung requested the People's Court of Phu Nhuan District to cancel the document declaring the inheritance of assets made by Ms. Loan on April 7 at the Notary Office of Huynh Thi Ngoc Yen regarding the assets of the late Meritorious Artist Vu Linh, including: Certificate of land use rights at No. 5 Doan Thi Diem, Phu Nhuan District, issued by the People's Committee of Phu Nhuan District on January 23, 2015 and the certificate of land use rights for plots 87 and 88, map sheet No. 8 in Linh Dong Ward, Thu Duc City, issued by the People's Committee of Thu Duc City on December 19, 1998 and a car. These assets have been transferred to Ms. Loan.

In the lawsuit, Ms. Nhung requested to cancel the update with the above name change content in the land use right certificates. In addition, Ms. Nhung also requested to divide the inheritance of two plots of land in Linh Dong Ward, Thu Duc City for her and Mr. Vo Thanh Nhieu.

Ms. Nhung also requested to receive half of the property after deducting the value that artist Vu Linh made an oral will for Hong Phuong. The estimated price that Ms. Nhung requested to receive was 1.5 billion VND.

Artists Hong Nhung, Hong Phuong and Hong Loan - daughters of Meritorious Artist Vu Linh (from left to right)

Contacting singer Hong Phuong - Vu Linh's niece, she confirmed that the above lawsuit has been accepted by the People's Court of Phu Nhuan District, but refused to comment further on the incident. Meanwhile, Hong Loan has yet to respond to the incident.

What do lawyers say about the incident?

Speaking with Giao Thong Newspaper, lawyer Tran Xuan Tien - Head of Dong Doi Law Office (Hanoi Bar Association) said that Clause 1, Article 4 of the 2015 Civil Procedure Code stipulates the right to request the Court to protect legitimate rights and interests.

In addition, in Clause 3, Article 68 of the 2015 Civil Procedure Code, the defendant in a civil case is the person sued by the plaintiff or another agency, organization or individual as prescribed by this Code to request the Court to resolve the civil case when it is believed that the plaintiff's legitimate rights and interests have been violated by that person.

Lawyer Tran Xuan Tien - Head of Dong Doi Law Office

"Therefore, if Ms. Nhung believes that her legitimate rights and interests have been violated by Ms. Loan, Ms. Nhung has the right to file a lawsuit, even though it has not been determined whether Ms. Loan is the legal daughter of artist Vu Linh or not.

In this case, the People's Court of Phu Nhuan District has accepted the case. However, the court's acceptance does not mean that the court will accept all of the plaintiff's lawsuit requests. The court must verify and clarify to ensure the legal rights and interests of citizens," lawyer Tien analyzed.

Artists Hong Phuong and Hong Loan at the funeral of artist Vu Linh (Photo: Vietnamnet)

Speaking further about the issue of dividing the inheritance of the late artist Vu Linh, lawyer Tien said that after accepting the case, if it is determined that the will that Vu Linh left for Ms. Loan is legal, the court will have grounds to not accept Ms. Nhung's lawsuit request.

The Court will also recognize Ms. Loan as entitled to the inheritance left by the late artist, if Ms. Loan does not fall into one of the cases specified in Clause 1, Article 621 of the 2015 Civil Code, which stipulates people who are not entitled to inherit.

In the event that Ms. Loan falls into one of the cases specified in Clause 1, Article 621 of the current Civil Code, and Vu Linh knew about the act, but still allowed Ms. Loan to inherit according to the will, Ms. Loan is still entitled to inherit according to the will.

If the will is determined to be illegal, the court will divide the late artist's inheritance according to the law based on Clause 1, Article 650 of the 2015 Civil Code.

At that time, determining that Ms. Loan was the late artist's biological daughter was one of the important grounds for the court to divide the late artist's inheritance.

Overview of the noisy incident of Meritorious Artist Vu Linh's family

The story of Meritorious Artist Vu Linh's family conflict was widely shared after Hong Loan and Meritorious Artist Vu Luan (adopted son) livestreamed at the late artist's grave on May 21.

Hong Loan affirmed that up until now, Meritorious Artist Vu Linh has never said that she is adopted. But when the artist passed away, the people she once considered her blood relatives denied that Hong Loan was Vu Linh's daughter.

"The day my father passed away, he labeled me as an adopted child. Now, if you want to know if I am an adopted child or a biological child, please invite uncle 7 (artist Tieu Linh - PV) to do a DNA test with me. I am willing to do that," Hong Loan was indignant.

Hong Loan shared in livestream on May 23

Hong Loan said that from building a tomb for the late artist Vu Linh to important family decisions such as calling for support, building a tomb for her father... she was not discussed or approved. She was not even aware of the condolence money after the funeral.

Artist Vu Luan also spoke out indignantly when some individuals criticized him for "bringing the media into the funeral of the late artist Vu Linh to profit on his personal YouTube channel".

The male artist affirmed that he was not the one who brought the media to the funeral, but Hong Phuong was the one who signed the contract with that media unit.

Regarding the incident, artist Hong Phuong spoke up on her personal page about the reason for signing the contract with the media company. The female artist affirmed that all revenue from the signed contract will be given to Ms. Kim Nga (who has taken care of Meritorious Artist Vu Linh for over 10 years) to use for incense, offerings and graves.

Regarding the information that was said to be calling for charity but not informing Hong Loan, Hong Phuong did not mention it.

Article 621. Persons not entitled to inherit

1. The following persons are not entitled to inherit:

a) A person convicted of intentionally infringing upon the life or health of the person leaving the inheritance, or of seriously mistreating or torturing the person leaving the inheritance, or of seriously infringing upon the honor or dignity of that person;

b) A person who seriously violates the obligation to support the person leaving the inheritance;

c) A person convicted of intentionally infringing upon the life of another heir in order to receive part or all of the inheritance to which that heir is entitled;

d) A person who deceives, coerces or prevents the testator from making a will; forges a will, alters a will, destroys a will, or conceals a will in order to receive part or all of the inheritance against the testator's wishes.

2. The persons specified in Clause 1 of this Article shall still be entitled to inherit the estate, if the testator knew of the conduct of those persons, but still allowed them to inherit the estate according to the will.

Article 650. Cases of inheritance by law

1. Inheritance by law is applied in the following cases:

a) No will;

b) The will is invalid;

c) The testamentary heirs die before or at the same time as the testator; the agency or organization entitled to inherit under the will no longer exists at the time of inheritance opening;

d) Persons designated as heirs under the will who are not entitled to inherit or refuse to receive the inheritance.

Clause 1, Article 4 of the 2015 Civil Procedure Code stipulates the right to request the Court to protect legitimate rights and interests as follows: Agencies, organizations and individuals as prescribed by this Code have the right to initiate civil lawsuits and request the settlement of civil matters at competent courts to request the Court to protect justice, protect human rights, civil rights, protect the interests of the State, and their own or others' legitimate rights and interests.

Source: http://www.baogiaothong.vn/nguoi-than-nsut-vu-linh-kien-tung-tranh-chap-thua-ke-luat-su-noi-gi-d593549.html