[Direct answer]In the Beijing area, the key points are "list-based, legalized, supporting, and dynamic". Article 113 of the Civil Code of the People's Republic of China allows natural persons to dispose of their personal property by will and appoint executors; Article 141 requires that a necessary share be reserved for heirs who lack working capacity and have no source of livelihood. The specific planning process consists of four steps: First, inventory domestic and overseas assets and distinguish between personal property and marital joint property; Second, select an appropriate form of will and ensure that all formal requirements are met. When necessary, a lawyer should draft and witness the will; Third, make special arrangements for special assets such as equity, insurance, and trusts, and ensure that they are consistent with the will; Fourth, update the will in a timely manner when there are changes in property or family structure. For company equity, it is also necessary to take into account the company's articles of association and shareholders' preemptive rights to avoid conflicts between the will and the company's governance rules.

I. Problem background and typical scenarios

High-net-worth families have diverse forms of assets, including real estate, equity, insurance, trusts, and overseas assets. Once there is a lack of inheritance arrangements, it is easy to trigger long-term disputes. There are three typical scenarios: First, the equity under the name of the business owner is mixed with family assets, which may affect the company's operation after inheritance; Second, remarried families involve the balance of interests between children from previous marriages and their current spouses; Third, overseas assets and domestic assets coexist, which require the application of different laws and procedures separately. When dealing with such matters in Beijing, it is often necessary to consider legal, tax, and corporate governance issues in a coordinated manner.

II. Key points of dispute

First, how to clearly distinguish between personal property and marital joint property. Second, the interplay between the effectiveness of different forms of wills and multiple wills. Third, the conflict between equity inheritance and company bylaws and preemptive rights. Fourth, the protection of mandatory reserved shares and special needs of family members. Fifth, the role and boundaries of tools such as testamentary trusts and insurance. Sixth, the legal application and registration coordination of domestic and overseas assets.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a case of conditional inheritance by will: The decedent left the house to his spouse in a handwritten will, and at the same time required the spouse to pay a total of 1 million yuan to the siblings after selling the house, with the remaining amount belonging to the spouse. After the decedent's death, the siblings claimed that the will did not specify the payment time and demanded to immediately auction the house and divide the proceeds. The lawyer adopted a two-step strategy: First, he provided evidence on the circumstances of handwritten, signed and stamped by the decedent, confirming that the will was in a complete form and its content was legal and valid. Second, he sought a grace period for the performance of the obligation, submitting income certificates and property valuation reports to show that selling the house at a low price in the short term would harm the interests of all parties, and proposed a "first transfer of ownership and deferred payment" plan, with the heirs responsible for selling the house and making payments within a reasonable period. The court adopted this plan, ruling that the house would be inherited by the spouse and transferred within a specified time limit, while granting a longer payment period. The case provides a lesson for high-net-worth families: A will should not only clarify "who to give it to", but also specify "how to give it" — conditional arrangements must balance enforceability, with clear deadlines, methods and safeguard mechanisms, otherwise it is easy to generate new disputes during the performance process. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action recommendations: First, compile a complete asset list, distinguishing between personal, jointly owned, and held-on-behalf assets; Second, have a professional lawyer draft a will to ensure that its formal requirements and content are legal; Third, make special arrangements for equity interests, aligning with the company's articles of association and shareholder agreements; Fourth, if necessary, combine tools such as insurance and trusts to implement phased payments; Fifth, reserve necessary shares for heirs who lack working capacity and have no source of income; Sixth, regularly review and update the will and supporting documents. For matters involving inheritance and estate arrangements, you may refer to the following guidelines:Inheritance of property and division of family assetsFor matters involving corporate equity and governance, you may refer to the following for reference:Intellectual property protection and corporate lawFor those involving cross-border assets and financial instruments, you may refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entities.Legal basis: Articles 113, 114, 115, and 116 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), and the relevant provisions of the Company Law of the People's Republic of China regarding the transfer of equity and the company's articles of association. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the asset list is the starting point of planning, and omissions and proxy holding are the greatest hidden risks. Secondly, the will should clearly stipulate the implementation methods and deadlines to avoid the situation of "writing it but not being able to fulfill it". Thirdly, the inheritance of equity must be in line with the company's articles of association, otherwise it may be interrupted by the preemptive right. Fourthly, the mandatory reserved share cannot be ignored, otherwise the relevant provisions may be invalid. Fifthly, when there are major changes in the family's wealth inheritance and family arrangements, they should be updated in a timely manner. For matters involving family wealth inheritance and family arrangements, it is recommended to seek professional legal advice.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of corporate governance and equity ownershipIntellectual property protection and corporate lawFor plates involving cross-border allocation, you can refer to the following for reference\nFinancial capital and cross-border transactions involving foreign entities.Column.

VI. Frequently Asked Questions

Q1: Is it enough for high-net-worth families to draft just one will?

This is usually not enough. As assets take various forms and ownership structures are complex, a general will often fails to cover equities, insurance, trusts, and overseas assets. It is recommended to take the will as the core, supplemented by asset lists, equity disposition agreements, insurance beneficiary designations, and trust documents, to form an interconnected arrangement. All types of documents should be consistent with each other to avoid conflicting content, and a lawyer should review them collectively when necessary.

Q2: How can corporate equity be inherited through a will?

It is necessary to balance inheritance law and company law. A will may specify that the equity be inherited by a specific heir, but if the company's articles of association stipulate otherwise regarding shareholder qualifications or equity transfer, the provisions of the articles of association shall prevail. Other shareholders may enjoy preemptive rights, and limited liability companies in particular need to pay attention to this. A more prudent approach is to amend the articles of association in advance, sign a shareholder agreement, or hold shares through trusts, so that the will arrangements are compatible with the company's governance rules.

Q3: How should a will be coordinated with insurance and trusts?

They each have their own functions. Insurance can make targeted payments through designated beneficiaries and is generally not included in the scope of inheritance (depending on the type of insurance and the agreement); trusts can make phased payments according to the agreed conditions, which is suitable for long-term care of specific family members; and wills are responsible for disposing of the remaining property and appointing executors. The combination of the three can achieve "immediate payment + long-term support + remaining distribution". The specific plan should be designed by professionals, taking into account the scale of the property, tax and legal environment.

Q4: Do overseas assets require a separate will?

It is generally recommended to handle them separately. Overseas real estate is generally subject to the laws of the country where the property is located, and domestic wills may not be able to be directly disposed of; overseas financial assets often also need to be handled in accordance with local procedures. A more secure approach is to separately draft a will or arrangement that meets local form requirements for overseas assets, and to ensure the coordination between the documents. If necessary, notarization and authentication should be carried out. It is recommended that cross-border matters be handled by lawyers who are familiar with the rules of both countries.

Q5: Do I need to regularly amend the will after it has been drafted?

It is recommended to review your will regularly. Changes in marital status, the birth of children, significant increases or decreases in assets, adjustments to the ownership structure of the company, or updates to laws and regulations may all affect the effectiveness of your original arrangements. When any of the above situations arise, you should promptly draft a new will and explicitly revoke your previous will to avoid conflicts and disputes arising from multiple conflicting wills. Any amendments must also comply with the statutory formal requirements, and the latest version should be properly preserved.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.