[Direct answer]The main differences lie in three aspects. First, in terms of time dimension, ordinary inheritance lawyers usually get involved after the inheritance begins, handling disputes such as confirming the scope of the estate, disputes over the validity of wills, and dividing the statutory inheritance shares. Private wealth inheritance lawyers, on the other hand, get involved during the lifetime to help sort out property lists, design wills and other arrangements, and reduce the likelihood of post-death disputes. Second, in terms of work objects, the former focuses on providing evidence and litigating against existing disputes, while the latter focuses on property types and family structures, handling the overall arrangements of real estate, deposits, equities, insurance, and operational assets. Third, in terms of service tools, the former uses litigation, mediation, notarization, and enforcement, while the latter relies more on designing self-written or notarized wills, family agreements, authorization arrangements, and financial inheritance plans. According to Article 113 of the Civil Code of the People's Republic of China (effective January 1, 2021), natural persons can dispose of their personal property by making a will in accordance with the law, which provides a foundation for pre-death planning. Articles 113 to 116 of the Civil Code stipulate the requirements for different forms of wills. If the family property structure is complex or there are many heirs, advance planning is usually more cost-effective than litigation after the event.Inheritance of property and division of family assetsYou can view the relevant service scope in the column.

1. Problem background and typical scenarios

There are generally four situations that require advance planning: First, there are multiple types of assets, including not only real estate and deposits, but also company equity, operating equipment, insurance, and financial products; Second, the family structure is complex, involving remarriage, stepchildren, children from multiple marriages, or cross-border relatives; Third, operating enterprises need to arrange for the control rights and ownership of equity to avoid inheritance affecting the stability of operations; Fourth, they hope to take care of specific family members and need to make differentiated arrangements for shares. When handling similar matters in the Beijing area, lawyers usually first make a list of assets and family relationships, then evaluate the disposability and transfer costs of various assets, and finally form a written plan. For cases involving cross-border assets or foreign-related factors, they can combine with relevant laws and regulations to provide solutions.\nFinancial capital and cross-border transactions involving foreign entities.Please also take into account the instructions in the column.

II. Key points of contention

Focus One: Understanding the formal requirements of a will. The requirements for self-written, proxy-written, and printed wills are different, and formal defects may render the entire will invalid. Focus Two: Determining whether the property belongs to an individual's disposable scope. Commonly owned property and marital joint property must first be divided before being disposed of. Focus Three: The enforceability of conditional or obligatory clauses. Unclear conditions may easily lead to new disputes during the implementation phase. Focus Four: Protection of the mandatory share. The will should reserve a necessary share for heirs who lack the ability to work and have no source of income. Focus Five: When multiple wills conflict, the latest will shall prevail. Focus Six: Balancing the planning scheme with the interests of creditors. Focus Seven: Legal application and formal requirements for overseas assets. Specific rules shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the inheritance dispute represented by Attorney Yuan Hang of our firm as an example, it is clear that the lack of preliminary planning leads to difficulties in execution. In July 2023, Wang *5 drafted a self-written will, stipulating that the 88-square-meter house at No. 1506 in Fengtai District, Beijing would be inherited by his spouse, Zhou Min, subject to the condition that after selling the house, Wang *1 would be paid 400,000 yuan, Wang *2 and Wang *3 would each be paid 300,000 yuan, totaling 1 million yuan, with the remaining funds going to Zhou Min. Wang *5's daughter, Wang Li, was excluded from the distribution. After Wang *5's death in September 2023, the three siblings demanded the immediate auction of the house and the division of the proceeds, suing Zhou Min and Wang Li in court. Zhou Min appointed Attorney Yuan Hang to defend the case. On the one hand, the attorney provided evidence that the self-written will was in accordance with the requirements of Article 1134 of the Civil Code of the People's Republic of China, which stipulates that a self-written will must be written, signed, and dated by the testator. On the other hand, the attorney submitted income statements and property valuation materials, demonstrating that selling the house at a low price in the short term would harm both parties' interests. The attorney actively proposed a solution of transferring ownership first and deferring payment. The Fengtai District People's Court accepted the defense arguments, determining that the will was legally valid and ruling that Zhou Min would inherit the house at No. 1506. All parties should complete the transfer of ownership by January 14, 2025, and Zhou Min should pay a total of 1 million yuan to the three plaintiffs by July 14, 2029 at the latest. The most noteworthy aspect of this case is that the will did not specify the payment deadline or disposal methods, which directly led to disputes over the execution method among the inheritors and ultimately resulted in litigation. This is precisely the problem that pre-death inheritance planning needs to address. This case was handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. First, prepare a property inventory, listing the names of each asset, the registrant, the acquisition date, and whether there are joint ownership or mortgages, to clarify the scope of disposal. 2. Second, compile a list of relatives, covering spouses, children, parents, and other parties who may claim rights, to avoid omitting legal heirs. 3. Third, choose a standard form for making a will. A handwritten will should be written in full and signed with the date. A witnessed will and a printed will must have at least two witnesses present and sign each page with the date. 4. Conditional or obligatory clauses must specify the time limit, fulfillment method, and consequences of breach. 5. For matters involving enterprises and equity, consider the company's articles of association and shareholder arrangements simultaneously. 6. Regularly review the plan after its formation, and update it promptly when there are major changes in family and property circumstances. Legal basis: Articles 1122, 1133, 1134, 1135, 1136, 1141, 142, and 142 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); specific arrangements shall be subject to currently valid laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the earlier the inheritance planning is done, the more proactive it will be. If it is arranged only when serious illness or disputes occur, it often faces the dual difficulties of questioning the capacity for action and insufficient evidence. Secondly, a will cannot dispose of a spouse's share or other people's property. If the property is jointly owned, it should be divided first. Thirdly, do not ignore the choice of witnesses. Inheritors, legatees, and their interested parties cannot act as witnesses. Fourthly, for minors or inheritors who lack the ability to work, necessary shares should be reserved. Fifthly, the planning scheme should be put into written form and kept properly. If necessary, it can be entrusted to a lawyer or a notary office for storage.

VI. Frequently Asked Questions

Q1: Under what circumstances is it necessary to hire a private wealth inheritance lawyer?

When there are multiple types of assets, complex family structures, arrangements involving business operation rights and equity, or when it is necessary to make differentiated arrangements for different heirs, it is usually necessary to appoint a lawyer in advance. Lawyers can help sort out the assets and family relationships, design the provisions of the will, evaluate the transfer and tax costs, and reduce the likelihood of disputes arising after the death of the testator.

Q2: I've already made a will. Do I still need an inheritance plan?

It might be necessary. A single will addresses the ownership of assets, but issues such as an incomplete asset inventory, unresolved jointly owned assets, unclear conditional clauses, and unqualified witnesses can all affect the effectiveness of its execution. Succession planning supplements the will by providing comprehensive asset management, execution methods, and follow-up update mechanisms.

Q3: Can succession planning completely avoid inheritance disputes?

It's not entirely avoidable, but it can significantly reduce the probability of disputes and the difficulty of providing evidence. Having a clear scope of property, a standardized form of will, and enforceable clauses can reduce disagreements among heirs over ownership and performance. If disputes still arise, the written materials prepared in advance will serve as strong evidence.

Q4: Would it be better to transfer the property to our children in advance?

It is necessary to evaluate this carefully. Transferring ownership in advance will put the property beyond one's control. If the children experience marital changes or debt problems, there may be a risk of the property being divided again or subject to enforcement; at the same time, it may affect one's use and disposition of the property. Whether to adopt this approach should be judged comprehensively based on family relationships, the type of property, and tax and fee costs.

Q5: What documents are generally included in a succession plan?

It usually includes a list of property and kinship relationships, a will or a draft of a will, witness and custody arrangements, necessary family agreements, and supporting documents for businesses and equity. For assets involving insurance and financial management, the beneficiary designation should also be checked and regularly reviewed and updated.

The above answer is based on the judicial practice in Beijing. The judicial interpretations 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 publicly available 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. In case of disputes, please consult a practicing lawyer in time.