China Estate Planning

this category will cover topics related to China trust law, its application in real world, such as in family business succession context or business management setting

Can a Foreigner Take Life Insurance Proceeds Out of China?

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Insurances are popular in China. People in China rural villages are buying various insurance products, mainly, health insurance, and personal accident insurance. In urban population, many people buy life insurances (with dividend payout or investment components), and annuity insurance as well.

Problem of China Life Insurance with Foreign Beneficiaries

Are the Assets in Your China Family Trust Really Safe?

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As we have pointed out in the past in our posts, family trusts in China are of a rare species, mainly because family trusts, an imported legal concept from abroad, have no local soil in history for them to thrive in China.

Can a Trust Provide Asset Protection from Lawsuits?

Recent years, family trusts are a hot topic in financial industry with more and more Chinese rich families are faced with the problem of family …

Should I Write a Separate Will for My China Assets?

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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

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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…

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

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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…

Chose in possession and Chose in Action under Common Laws

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This post is rather an effort of myself in learning property laws in common law countries.

As a lawyer, one of my main law practices is to help China’s high net worth individuals to work out their estate plan under which very often clients wishes to allocate their assets or properties in both China and offshore countries. It is critical for me to understand…

Overview of China Trust Law

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Does China has its own version of trust law?  Many may not have a ready answer.

Yes, China does have its own Trust Law enacted back in 2001. This post will summarize the main provisions and talk about the main issues.

1.   Definition of Trust

Article 2 of the Law provides for the definition of trust:

“For purposes of this Law, trust refers to that the settlor,

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