China succession law

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…

Inheritance of Corporate Shares in a China Company (III)

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This is the third post regarding inheritance of corporate shares in a China company. Again it is about a special situation that may become more and more in reality with more and more Chinese riches migrating to foreign countries.

I. Facts of the Case

In 2002, a Chinese husband set up a trading company with a third party, and business went well. In 2006, the…

Notarize your will to avoid trouble for your heirs/beneficiaries thereunder

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Every year I deal with quite a few inheritance cases (litigious or non-litigious) involving foreigners inheriting estate (properties, shares and bank deposits) in China.

Very often, there is a written will produced by one heir to support his or her claim over the estate. The problem is that these wills are not properly notarized, leaving a great deal of uncertainty…

Economist: Inheriting money from abroad is a pain

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Just ran across an interesting article posted on Economist website (click here for the whole article), depicting the pains and complexity surrounding cross-border inheritance. It is true indeed, in particular if China is involved in the case of inheritance of estates in China by foreigners.

Jurisdictions

Dealing with the belongings of the dead is a grim

LAW OF SUCCESSION OF THE PEOPLE’S REPUBLIC OF CHINA

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[Please note that this English version of Chinese succession law is quoted from Internet resource, and is not work product of the author of this blog, Jason Tian. If you have any question about the accuracy of the text or you want to get clearer about any aspect of this law, you can contact Jason Tian for help using “Contact” on this blog.]

LAW OF SUCCESSION…

Inquiry on notarization of will made out of China

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The following is an inquiry I receive from a HK lawyer regarding notarization of wills. As it may be a general issue among people living outside China mainland, I publish the question and answer here for your reference.

Dear Sirs,

I am a Hong Kong solicitor. I have a client who want to make a will in Hong Kong but she has property in Shanghai.
I will write a will for her.…

Inherit/succeed to real estate in China

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[It shall be noted that some of the information in this aged post is no longer valid, and you are encouraged to read latest posts in this regard.]

With the development of internationalization of China, it has seen steady rise in the number of cases where foreigners seek to inherit real estate properties located in China. As it is a cross-border issue, it may vex …

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