Inheritance Lawyers in China
Inheritance law in China governs how property passes upon death. For foreigners with assets in China or Chinese family connections, understanding Chinese succession law is important for proper estate planning.
Succession Under Chinese Law
China’s succession system is governed by the Civil Code (Book VI). Key principles:
- Statutory succession: If there is no valid will, property passes to statutory heirs in order of priority
- Testamentary succession: A valid will overrides statutory succession rules
- Forced heirship: Certain dependents (minors, disabled heirs) must receive a reserved portion
- Legacy-support agreements: Contracts where someone provides care in exchange for inheritance
Order of Heirs
First-order heirs: Spouse, children, parents
Second-order heirs: Siblings, grandparents (inherit only if no first-order heirs)
Heirs in the same order generally inherit in equal shares. Surviving spouses first receive their share of marital property before inheritance is calculated.
Foreign Elements in Inheritance
- Foreigners can inherit property in China
- Chinese law is the governing law for immovable property (real estate) in China
- For movable property, the law of the deceased’s domicile at death may apply
- Foreign wills may be recognized in China if properly executed under the law of the place of execution
- Cross-border estates often require coordination between Chinese and foreign legal proceedings
Estate Planning Tools
- Notarized will: The strongest form of will in China
- Self-written will: Must be entirely handwritten, dated, and signed
- Audio/video will: Requires two witnesses
- Emergency oral will: Valid only in life-threatening situations with two witnesses, void once the emergency passes
Need inheritance or estate planning advice? Contact us for a lawyer referral.
Related Practice Areas
Family & Divorce Law Corporate Law Real Estate Law