[Direct answer]In the Beijing area, legal consultations on inheritance can be conducted online. With the help of tools such as video conferencing and instant messaging, lawyers can provide preliminary analysis and guidance on matters such as the validity of wills, statutory inheritance shares, and the division of deposits and real estate. Some matters can even be entrusted online. However, for identity verification, major property disposals, or litigation representation, it is usually necessary to sign the entrustment procedures offline and verify the original documents. According to the relevant provisions of the Civil Code of the People's Republic of China (effective January 1, 2021), inheritance begins when the decedent dies. It is recommended to consult professional lawyers about evidence and time limits as soon as possible to avoid expanding disputes over shares.
I. Problem Background and Typical Scenarios
In recent years, the demand for online inheritance consultation has risen significantly, especially among inheritors in different regions, elderly people with mobility issues, and parties who just want to understand their share of the inheritance and the associated risks. Common scenarios include: disputes over property shares among multiple children after a parent's death; doubts about the validity of a self-written or notarized will; one party controlling deposits and pensions and demanding a division; and how assets are distributed according to statutory inheritance laws in the absence of a will. Online consultation can help clarify the direction first, and relevant inheritance rules can be referred to for reference.Inheritance and division of estateFor columns, those related to real estate can be combined together.Property sales and construction projectsColumn.
II. Key points of contention
Focus One: Can online consultation replace offline entrustment? Identity verification and major disciplinary actions still require on-site procedures. Focus Two: How is the statutory inheritance share calculated? The first priority is spouses, children, and parents. Focus Three: Does fulfilling the main duty of support entitle to a larger share? Evidence is required. Focus Four: Do others have the right to divide the deceased's previously disposed-of deposits? Focus Five: How to allocate the deceased's share in a jointly owned property. Focus Six: The application of subrogated inheritance by grandchildren. For specific cases, please refer to the current effective laws, regulations, and judicial rulings, and pay attention to the connection with enforcement procedures.Creditor's rights and debts, and enforcement casesColumn.
III. Professional analysis by Henglue Law Firm
Take a statutory inheritance dispute handled by our firm as an example. Feng * and Zhou * had three children, Feng *1, Feng *2, and Feng *3, and their granddaughter Liu * was the daughter of Feng *3. Zhou * died on September 2, 2021, and Feng * died on August 28, 2023. The disputes involved Haidian District Ganjiaokou No. 201 house (which was jointly owned by Feng * and Feng *2 with Feng * owning 20%), the sale proceeds of the houses at Zengguang Road No. 204 and No. 205, the deposits in Feng *'s name, and Zhou *'s pension of 250,298.4 yuan. Feng *3 and Liu * entrusted Beijing Henglu Law Firm to handle the case.Yu DawaiThe attorney (practice license number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acts on behalf of the plaintiff, arguing that Feng * had disposed of the deposit before his death and others had no right to divide it; that the plaintiff had fulfilled the main obligation of supporting the elderly and should receive a larger share; and that Liu * was not a qualified subject. The court ruled in accordance with Articles 127 and 130 of the Civil Code of the People's Republic of China: House 201 shall be inherited by Feng *1 in a share of 1/15, and by Feng *3 in a share of 1/15, with Feng *2 enjoying a share of 13/15; the 20,000 yuan, 5,351.14 yuan, and 6,506 yuan in Feng *'s name shall be owned by Feng *3, who shall pay compensation of 10,619 yuan each to Feng *1 and Feng *2. This case shows that timely fixing evidence after an online preliminary consultation and entrusting a professional lawyer offline can effectively clarify the share of inheritance, and enterprises' equity-type inheritance can also be referenced in this regard.Business and contract disputes in enterprisesColumn.
IV. Practical suggestions and legal basis
Action suggestions: First, when seeking online legal advice, provide information about the family relationship and inheritance clues first, to facilitate the lawyer's preliminary judgment; Second, collect the death certificate, property ownership certificate, bank account statements, and pension payment records as soon as possible; Third, those who fulfill their duty of support should keep evidence of care, transfer of funds, and cohabitation to争取 a larger share; Fourth, if the case involves property shares, it can be combined with other evidence to strengthen the claim.Special services and other cases1. Prepare the inheritance documents for analysis; 2. If there are disputes, entrust a lawyer offline in a timely manner and apply for property preservation as needed. 3. With regard to legal basis, Article 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021) defines the scope and order of statutory inheritance, and Article 1130 stipulates that those who fulfill the main duty of supporting the decedent may receive a larger share of the inheritance.
5. Henglu Law Firm's Reminder
Risk warning: Firstly, online consultation can clarify the direction but cannot replace the procedures of entrustment and the verification of original documents; Secondly, the deposits disposed of by the decedent during his lifetime cannot be divided by others after his death; Thirdly, those who fulfill their main duty of supporting their parents can claim a larger share, but they must provide evidence; Fourthly, it is advisable to apply for property preservation as soon as possible in the event of disputes over property shares. It is recommended to communicate online first, then fix the evidence offline, and you can also refer to it for reference.Marital and family matters, and divorce litigationThe column provides an understanding of the approach to handling family disputes.
VI. Frequently Asked Questions
Q1: Can online inheritance consultation lawyers provide definitive answers?
Online consultations can provide preliminary judgments on the validity of wills, statutory inheritance shares, and evidence lists, but they cannot replace the review of original documents and complete case files. The final conclusions must be based on offline verification. Lawyers will highlight the risks and next steps, but they will not make guarantees of victory. It is recommended to seek confirmation from professional lawyers based on written materials.
Q2: What materials do I need to prepare for an online consultation?
The following materials should be prepared: the deceased's death certificate, proof of kinship; photos or scans of the will (if any); clues to the inheritance, such as property certificates, deposits, equity, pensions, etc.; and a description of the situation of each heir and the points of dispute. The more specific the materials are, the more accurate the lawyer's preliminary judgment will be, and the faster the subsequent offline entrustment will enter the substantive stage.
Q3: How much does it cost to consult a lawyer about inheritance succession?
Online preliminary consultations are usually charged on a per-session or per-case basis, with fees relatively manageable. If the case transitions to litigation representation, fees will be negotiated based on the litigation value or workload. Fees for cases involving multiple sets of real estate, company equity, or cross-border assets will be higher. The specific fees should be determined based on the scale of the estate and whether a litigation evaluation is required. It is recommended to consult first and then provide a quote.
Q4: How long does it usually take from consultation to inheritance and division of assets?
You can get guidance on the same day for pure consultation; it may take several weeks to reach a mediation agreement; the first-instance ordinary procedure of litigation generally does not exceed six months, and the second-instance procedure takes about three months; it will take longer if it involves property appraisal and verification of multiple deposits. Consulting as early as possible helps to grasp evidence and deadlines and avoid the transfer of shares.
Q5: How to initiate the process of inheritance of a legacy?
The first step is to conduct a preliminary consultation online or by phone to clarify the will and the legal inheritance path. The second step is to collect death certificates, proof of kinship, and inheritance documents. The third step is to resolve disputes through people's mediation or family agreements if possible. The fourth step is to entrust a lawyer to sue or apply for preservation of evidence if the differences are significant. The fifth step is to pay attention to the claims of those who fulfill their duty of supporting their parents and the burden of proof.
The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Dayi·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.