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

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…

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…

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…

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),…

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…

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…

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…

Inheritance of Personal Properties/Chattels in China: a Real Headache (I)

In most cases in the past years, we help foreign clients in dealing with inheritance or succession of real properties, mainly residential properties like apartments or houses in cities like Shenzhen, Shanghai, Guangzhou, Beijing and even Suzhou.

Occasionally, we received clients’ inquiries about inheriting chattels or personal properties (properties…

Make a Will for Your China Assets: why and how?

With so many Chinese emigrating to foreign countries while having substantial assets within China or so many foreigners holding China assets, it is no wonder that we have seen the increase of inquiries regarding estate plan for their China assets, mainly real properties, corporate shares or bank deposits.

I.  Why Do You Need a Separate Will for Your China