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 Bank Deposits in China

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…

Video: make a will for your China assets and the points you need to know

My second video on YouTube channel (China Family and Business Laws) talking about how a foreigner or Chinese living outside of China should consider when they make a will for their assets in China.

I am still trying to accept my own voices and sounds when I find a bit strange. 🙂

Ok, here is the link if you wish to listen, and you are welcome to subscribe this Channel …

My YouTube Channel (China Family and Business Laws) Came Online Today

I know I should have done this much earlier, as part of my digital marketing efforts. However, to launch a YouTube channel posting videos is so much different from just writing posts esp when I have to speak English in the video.

But I understand a live person in the video will present a much better impression on audience. People who may need our help may have serious…

What Can You Do about Your Tenancy-in-Common Properties in China?

As you know from posts on this blog, we deal a lot with inheritance issues on behalf of foreign clients with respect to estate properties in China. Very often, such inheritance of properties (typically real estate properties) will end up in a co-ownership of the properties by two or more heirs or beneficiaries. Well, if the co-owners are on good terms, everything…

Cross-border Divorce with a Chinese Spouse and Assets – Jurisdiction Matters a Lot

Every marriage has an end.

Years ago, when I talked with a foreign lawyer friend who used to work in China law firm about cross-border divorces, he mentioned about his parents divorcing across USA-Israel borders, emphasizing the importance of choosing the favorable jurisdiction to litigate. When I started to focus more on cross-border family laws, I have …

Challenge the Validity of a Will Made under Chinese Inheritance Law

It is not a rare phenomenon: your elderly parents in China is being taken care of by a remote relative while you are overseas; after your parent dies and you think of carrying out inheritance of the estate properties (real estates, bank deposits), to your big shock, that relative (whether cousin or someone else) produces a will out of the blue which says that your…

Purchase China property in the name of your Chinese girlfriend or wife?

Very often we get inquiries from foreigners pertaining to purchase of China properties in the name of their Chinese girlfriend or wife for the reason that they are not qualified to purchase properties in China (China has placed restrictions on foreigners buying properties in China ever since 2006). But they are concerned about losing the property once their…

Do China courts have jurisdiction over divorce of two foreigners?

With more and more foreigners working and living in China, we have received quite a number of inquiries from foreigners in China who wish to divorce in China with their spouses who are also foreigners.

But what is the take of Chinese courts regarding jurisdiction over such cases? In other words, if such a case is submited to China courts for resolution, will China…

Guardianship Issues over Incapacitated Ward under China Laws

We are approached by a potential client inquring about an interesting situation: he and his mom are both living in Hong Kong, but his mom was actually incapacitated for some time and virtualy bedridden; now his mom has a property in down town Shanghai, French Concession Area, worth millions of dollars; he wants to sell the property to suppport the family and his…

A Big Victory for the Great Deal : Sale of Property in China

I have to say congratulations to our own team! We have just closed a great deal for our client in selling their house in downtown Shanghai, the French Concession Area (法租界).

The three-story house is the client’s ancetral property that has been built for almost 100 years, a western styled building in the best location of Shanghai. What’s more, this…

What A Foreign Executor Can Do About Estates in China

We have been helping and advising a good number of clients over the years who are the executors in wills made outside of China by testators, in regard of the administration and distribution of estates (real estates, corporate shares and bank deposits) located in the mainland of China.

Unfortunately in most cases, foreign executors would find themselves ending…

Hire China Lawyer for Handling China Estate

Just approached by a client from Southeast Asia who inquired about inheriting his Dad’s estate in China, a real property in Shanghai.

He contacted me because he felt suspicious of something that must have gone wrong about his current lawyer working on the inheritance matter. It has been almost a year and the client has spent most of their budget for the …

Guardianship for the Elderly under China Law

Part of the estate planning services always concerns the caring of the elderly people. After all, we are all getting old each day and we all probably lose capacity to act on our own some day in the future.

Guardianship is the legal system designed for people of no or limited capacity due to young age or loss of mental capability, so that their interests are being taken…

China Foreign Investment Law and Cross-Border Inheritance and Estate Planning

China has enacted its long-awaited Foreign Investment Law this March but will only come into effect as of January 1, 2020. So far this law is warmly welcomed and hailed at large by the international communities.


Well, there are a lot of comments on the Law and its impact and implications on existing and future foreign investment in China. But hardly is there any…