[Direct answer]In the Beijing area, the application of law in foreign-related inheritance cases primarily depends on the nature of the inheritance and the connecting factors: statutory inheritance applies to the law of the decedent's habitual residence at the time of death; real estate inheritance applies to the law of the location of the real estate; and a will that meets the formal requirements of the law of the decedent's habitual residence at the time of making the will or at the time of death, or the law of the decedent's nationality, or the law of the place where the will was made, is deemed valid. The validity of the will applies to the law of the decedent's habitual residence at the time of making the will or at the time of death, or the law of the decedent's nationality (Articles 31 to 33 of the Law of the People's Republic of China on the Application of Law to Foreign-related Civil Relations, effective April 1, 2011). In short, domestic real estate generally applies Chinese law, and the formal requirements for wills made abroad are more lenient. For cross-border inheritance cases involving both domestic and foreign procedures, it is recommended to consult a professional lawyer as soon as possible. For more details, please refer to the following link:Legal services for inheritance and division of family assets.

I. Problem Background and Typical Scenarios

Overseas Chinese who emigrated early, families with transnational marriages, families whose children have been working abroad for a long time, and foreigners who come to China to handle real estate may all encounter foreign-related inheritance issues. Typical questions include: Can heirs living abroad still inherit domestic real estate? Are wills made in China valid abroad? Do foreign-owned houses need to go through procedures in China? Can the inheritance be divided all at once both domestically and abroad? The connection points of such cases are scattered among the habitual residence, the country of nationality, the location of the real estate, and the place where the will was executed. It is necessary to first determine which country's laws apply in order to determine which country's court to go to and according to what rules to divide the inheritance. Relevant cross-border business can be referred to for reference.Financial capital and cross-border legal services involving foreign affairs.

II. Key points of contention

The controversy focuses on four points. Firstly, the identification of connecting factors: habitual residence, nationality, the location of real estate, and the place of testamentary act. Different connecting factors may point to different jurisdictions. Secondly, the hierarchical application of statutory inheritance and wills: real estate is generally subject to the law of the location of the real estate, while movable property and the validity of wills may be subject to the law of the habitual residence or nationality. Different laws may apply to domestic and overseas parts of the same estate. Thirdly, the lenient determination of formal requirements for wills: multi-law choice, maximally respecting the testator's true intentions. Fourthly, the temporal effect and procedural connection: for those that occurred before the implementation of the Law on the Application of Law to Foreign-related Civil Relations, the applicable law shall be determined according to the legal provisions at that time. In the judicial practice of Beijing, inheritance disputes involving domestic real estate are usually governed by the courts of the location of the real estate and apply Chinese law.

III. Professional analysis by Henglue Law Firm

The inheritance dispute handled by Attorney Li Yonghui involves a typical situation where the heirs reside overseas while the inheritance is located domestically. The timeline is as follows: The decedent, Zhao * *, died in 2009 and had his household registration cancelled. His eldest son, Zhao * *, died in 2015 (unmarried and childless). Guo * * died in December 2022. The house at No. 506, South Building, XX Hutong, Dongcheng District, Beijing, purchased in 2000, was registered under Zhao * *'s name and belonged to the couple's joint property. Through judicial appraisal, its market value was determined to be 5.7465 million yuan. On January 28, 2013, Guo * * wrote a self-written will, explicitly stating that her share of the property would be inherited by her daughter, Zhao * *. After Guo * *'s death, conflicts arose among the heirs over the inheritance of the property, the division of bank deposits, and the deduction of funeral expenses. Zhao * *, who had long resided overseas, entrusted Attorney Li Yonghui to sue the People's Court of Dongcheng District, Beijing, claiming ownership of the house and willing to pay the corresponding depreciation fee, while dividing the deposits and sharing the appraisal fee of 168,66 yuan. The defendant, Zhao * *, argued that the will was not written by Guo * * herself, was suspected of being tampered with, and Guo * * might have lost capacity to dispose of the jointly owned house at the time of its creation; that Guo * *'s 2015 signing of the homeowner's consent constituted a revocation of the will; and that Zhao * *, who had long resided overseas and failed to fulfill her duty of support, should receive a smaller share and the funeral expenses should be deducted from the inheritance. Attorney Li Yonghui's defense focused on three points: First, sorting out the timeline of the deaths of three generations and the scope of heirs, confirming that Zhao * *'s share would be inherited by Guo * * and her three children, Zhao * *'s share by her mother Guo * *, and Guo * *'s share handled according to the will; Second, strictly adhering to the formal requirements of the self-written will, applying for Guo * *'s sister, Guo * *, to testify that Guo * * wrote the will in the presence of Guo * * and her four sisters in late January 2013, and arguing that the defendant could not overturn the will solely based on subjective suspicion when two appraisal institutions refused to accept the sample materials and no institutions responded to the court's inquiry after the announcement of the court's inquiry; Third, pointing out that the homeowner's consent only involved consent to living and household registration, without any intention to revoke the will. The court ruled that Zhao * * and Zhao * * died before the implementation of the Civil Code and applied the then-effective Inheritance Law; Guo * * died after the implementation of the Civil Code and applied the Civil Code; and confirmed the validity of the self-written will, ultimately supporting Zhao * * in obtaining ownership of the house involved in the case and legally handling the division of bank deposits and the deduction of funeral expenses. This case highlights that as long as the main inheritance is domestic real estate, domestic courts can jurisdictional and adjudicate according to Chinese law, and the heirs' residence abroad does not constitute an obstacle. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 31 of the Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations (adopted on October 28, 2010, and implemented on April 1, 2011) (applicable law for statutory inheritance and real estate inheritance), Article 32 (methods of making a will), Article 33 (effectiveness of a will), and Article 35 (attribution of unclaimed inheritance); the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations (No. 24 of 2012, implemented on January 7, 2013); Article 34 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023, and implemented on January 1, 2024) (jurisdiction of inheritance disputes by the people's courts of the deceased's domicile or the location of the main inheritance); and the provisions on foreign-related civil litigation procedures. Action list: 1. Draw up an inheritance map, distinguishing between domestic real estate, overseas real estate, and movable property; 2. Collect the deceased's death certificate, proof of kinship, the original will, and evidence obtained overseas; 3. Have overseas-issued documents notarized and authenticated or processed with corresponding certification procedures as required; 4. If the main inheritance is located domestically, promptly file a lawsuit with a competent domestic court; 5. Pay attention to the three-year statute of limitations, as detailed in the above-mentioned provisions.Legal services for inheritance and family property division.

5. Henglue Law Firm's Reminder

There are three pitfalls that are most easily encountered in foreign-related inheritance cases: only forming an uncertified will abroad, the lack of identity documents for foreign heirs leading to obstacles in case filing, and the duplication of tax payments or missing share distribution caused by the lack of coordination between domestic and foreign procedures. Although the form of the will is determined by selecting one of multiple legal methods, the disposition of real estate abroad may still be subject to local mandatory regulations. When handling similar cases in the Beijing area, it is recommended to entrust a professional agency to handle the case.Beijing Henglue Law FirmProfessional lawyers comprehensively apply laws and procedures to ensure the alignment of evidence standards both domestically and abroad in a single step.

VI. Frequently Asked Questions

Q1: For foreign-related inheritance, are wills made in China recognized abroad?

The validity of a will is determined based on the law of the place where the testator habitually resides at the time of making the will or at the time of death, the law of the testator's nationality, or the law of the place where the testamentary act is performed, in accordance with Article 32 of the Law on the Application of Laws to Foreign-related Civil Relations. A will made in accordance with the law of any of these three jurisdictions is deemed valid. However, when disposing of real estate abroad or transferring ownership, it may still be necessary to comply with the requirements of the law of the place where the real estate is located and to go through notarization and authentication procedures. The determination of the validity of a will in individual cases shall be subject to the review of the accepting authority.

Q2: What evidence do I need to prepare for a foreign-related inheritance case?

The core documents include four categories: First, the death certificate and proof of kinship of the decedent. Documents issued abroad must undergo notarization and authentication or undergo corresponding proof procedures in accordance with regulations; Second, the original will and evidence of the will-making process, such as the handwriting, signature, and date of a self-written will, and the circumstances of the witnesses to a written will; Third, the proof of the estate, including the ownership certificates of real estate at home and abroad, account information, and proof of equity; Fourth, the identity of the heir and proof of residence and habitual residence. Foreign documents should be accompanied by Chinese translations, and the consistency of the translations may require notarization.

Q3: How much does it cost to handle a foreign-related inheritance case?

The domestic portion mainly includes litigation fees, appraisal fees, notarization and translation fees; the overseas portion mainly includes local attorney fees and registration taxes, which vary depending on the country where the estate is located. Attorney fees are determined through negotiation between the parties, with no unified government pricing. Contractual agreements shall prevail. Cross-border projects are usually charged on a per-item or per-stage basis. It is recommended to clarify the scope of services, domestic and overseas responsibilities, billing methods, and travel expenses before signing the contract to avoid subsequent disputes.

Q4: How long does it usually take to handle a foreign-related inheritance case?

The first-instance ordinary procedure for domestic inheritance litigation lasts six months, and the simplified procedure lasts three months (according to the Civil Procedure Law). The delivery of documents abroad, notarization and authentication, and the collection of supplementary evidence will be correspondingly extended. The disposal of overseas assets follows local procedures, with significant differences in timeframes. When the two procedures are conducted in parallel, the overall process may take more than a year. It is recommended to start the process as soon as possible, first securing the domestic share and then proceeding with the overseas disposal to avoid delays that may affect the realization of assets.

Q5: If we discover that there are foreign factors involved, what should we do first?

There are four steps to proceed: Firstly, list the countries, forms, and registered beneficiaries of the inheritance, distinguishing between real estate and personal property; Secondly, fix the basic documents such as the deceased's death certificate, kinship, will, etc., and handle the notarization and authentication of documents obtained abroad simultaneously; Thirdly, if the main inheritance is located in China, file a lawsuit with the domestic court with jurisdiction to confirm the share, and entrust local lawyers to handle the overseas part; Fourthly, if the inheritance involves multiple countries, entrust lawyers to coordinate the application of laws and the connection of procedures to prevent duplication or omission.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 Li Yonghui·Beijing Henglu 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.