What Does Inheritance Mean under Chinese Laws?

Over years, our team has practiced the inheritance/succession law and estate planning for foreign clients with assets in China. In most cases, we have no problem of explaining what inheritance means under Chinese law, but we do have a dispute over what we should do to complete the inheritance of his late father’s estate property in Shanghai, China.

What Does

What if a Party to a China Court Proceeding Dies?

It is not uncommon that a person dies during an ongoing court proceeding.

What is Probate Law? - Widerman Malek, PL
China Probate Law

So, what will happen and ensue upon the death of a participating party to a court proceeding under Chinese laws? It is more of a procedural issue than a substantive one. Therefore, we should find answers in China Civil Procedure Law.

  1. Stages/Proceedings of a Civil Case under

China to Upgrade Its Green Card Rules: a Summary of the Draft Regulation

Everything you need (and want) to know about Chinese green cards - PTL Group
A Sample of China Green Card

With its spectacularly successful fight against Covid-19 pandemic, China has proven itself to be a safe place to live in while much of the rest of the world is still panicking. So have you ever thought of permanently living in China?

Yes, get a China green card.

Since the Measures for the Administration on Examination and Approval for

Landmark Victory: Guangdong High Court Order Lower Court to Exercise Jurisdiction Over Divorce of Two-Foreigner Couple

It has almost been two years till we attained this long-awaited victory for our client, removing the blockage for the two-foreigner couple to divorce in China court.

Two Foreigners Divorce in China-Jurisdiction Issue

Indeed, at the time of receiving the decision of the appellate court, the client and us almost gave up. We didn’t because there was no other solution…

Good News for Full-Time Housewives: China Landmark Case Ordering Compensation for Housework

According to news from Beijing Court Network on February 4, 2021, Beijing Fangshan District Court applied the new provisions in China Civil Code and awarded compensation to the full-time housewife in a divorce case for the first time.

Woman Receives $ 7,000 Compensation For Housework In A Breakthrough Chinese  Divorce Decision - Ohio News Time

In the case, the full-time housewife Wang claimed that she was entitled to housework compensation because she was responsible…

Appoint Administrator for Your Estates in China

Estimated reading time: 7 minutes

You may have known that China has enacted its first ever Civil Code incorporating and codifying quite a few pieces of separate civil laws into one statute. The old China Succession Law was refreshed and replaced by the Succession chapter in the Civil Code.

In the Succession Chapter of the Code, there are quite a few significant…

The Cooling-off Period in Divorces and Its Impacts

Since January 1, 2021, with the promulgation of the Civil Code, the cooling-off period of divorce has been officially implemented in the divorce registration process, which has aroused widespread concern in the society. Some people suggest that this is conducive to preventing impulsive divorce and providing the spouse with the opportunity to repair their…

When a Common Law Court Decides on Inheritance of China Real Properties: a Lesson from Vucicevic v Aleksic (2020)

I was referred to this judgment of UK court on the STEP Forum for UK practitioners.

It is interesting to see the problem arising in that case: a duly issued court decision by a UK court cannot be enforced in Montenegro simply because the UK court judgment failed to clearly describe the accurate address of the property in question.

I am a bit surprised by the fact that…

Steps for Incorporating a Foreign Direct Investment Company in China

It is sad that to date the whole world is still clouded by the Covic-19 pandemic, and we have all had a hard time for the virus.

world pandemic demographic as of October 22, 2020

Though China was initially hit hardest early January and February, the country has however miraculously contained the virus quickly and effectively. Consequently, after a period of stringent…

Highlights of Changes to China Marriage Law Brought About by PRC Civil Code

China enters an era with a civil code - CGTN

The highly expected Civil Code of People’s Republic of China (“the Civil Code”) was adopted by the 13th National People’s Congress (” NPC “) on May 28, 2020 and will take effect on January 1, 2021, in which Part V is “The Marriage and Family”. Upon the implementation of the Civil Code, the current China Marriage Law will be repealed simultaneously,…

Should I Write a Separate Will for My China Assets?

This question has been raised frequently over time. A recent inquiry was from a client in UK who has a couple of real properties in China. Upon working on his estate planning, he wondered whether he should write a single will covering both his UK and China assets or write a separate will for China assets. By the way, the inquirer is British, domiciled and habitually…

Right of Residence and Cross-border Estate Planning for Properties in China

Right of residence? Something you may have not heard of before in China. It is no wonder since this new legal concept is just recently created in China Civil Code, which has yet to take effect on January 1, 2021.

Mother's right of residence and my tax bill
Your Home Owned by Others

I. What is Right of Residence?

First, right of residence is a right in real properties, and to be more specific, a right created in…

Write Your Pre-nuptial Agreement under China Laws: Points for Attention

Cross-border marriages are no longer rare in China, so are cross-border divorces in China.

People who are about to get married have increasingly used pre-nuptial agreements to plan for their financial life after marriage. We have helped quite a few clients draft such pre-nuptial agreements.

What Is a Prenuptial Agreement - Do You Need One Before Marriage?

However, please note post-marriage nuptial agreement may be void…

Cross-border Estate Planning: China Round-Trip Investment Rules

To many, estate planning is just a part of family law practice having little involvement of corporate and investment laws. It is no longer true in today’s world when clients often have their major assets in the form of ongoing businesses, i.e., companies or corporations.

I. Why Round-Trip Investment Is Relevant

There has been growing demand among Chinese…

Inheritance by Foreigners of Personal Properties in China: Bank Deposits (II)

We have written a lot of posts related to inheritance of real estate (real properties) in China. Frequently, we get inquiries about and deal with inheritance of personal properties such as stock/equity interests in a company or bank deposits/cash in China.

It is worth a separate post because the rules regarding inheritance of personal properties are quite…

China Civil Code to Reform China Inheritance Law: Estate Administration and New Form of Will

On May 28, 2020, China has just enacted its first Civil Code, to be effective as from January 1, 2021, a long-awaited legislation that aims to codify China’s fragmented civil laws. Brought under its umbrella are China Civil General Provisions (Chapter I), China Property Law (Chapter II), China Contract Law (Chapter III), China Personal Right Law (IV),…

Cross-border Divorce in China: Choice of Law on Division of Matrimonial Properties

Recently we are dealing with two interesting cross-border divorce cases. The parties to the divorce don’t have habitual residence in China but they have real properties situated in China that need to be divided and partitioned. An interesting legal issue regarding the choice of applicable law appears here that doesn’t seem to be clear in judicial…

China Tax Update: new rules regarding China tax residents’ overseas income

On January 17, 2020, China State Tax Administration (CSTA), issued an announcement regarding personal income tax on income sourced from overseas by its tax residents.

A few takeaways from the announcement.

I. China Tax Residents

As the same with definitions of other jurisdictions, a tax resident of one country doesn’t have to be the citizen of that …

Three Ways of Inheriting Estates in China

I have written quite a few posts back in regard of foreigners inheriting estates in China:

How a foreigner inherit properties in China

Inherit Personal Properties in China

China Estate Planning: how to Deal with Your China Assets Generally

There are quite a few more articles in that regard, pls use the blog search function to locate them.

None of those posts have…