[Direct answer]Family legal advisors are contracted on an annual basis. The services typically provided within a year include: daily legal advice and risk warnings; drafting and reviewing contract documents such as real estate sales and leases, renovations, and loans; designing and reviewing marriage property agreements; providing compliance guidance for wills and inheritance arrangements; reviewing contracts related to children's education, study abroad, and domestic services; reviewing major family consumption and investment contracts; and providing evidence guidance, attorney's letters, and negotiation plans after disputes arise. The scope of services is subject to the written provisions of the advisory contract. It is important to note the legal formalities of relevant documents: marital property agreements must be in writing in accordance with Article 1065 of the Civil Code of the People's Republic of China; and self-written wills must be handwritten, signed, and dated in accordance with Article 1134 of the Civil Code. For more information, please refer to the official website.Intellectual property protection and corporate legal servicesAndBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

The structure of family wealth has become much more complex than in the past: a house often costs several million yuan, and families also have diverse assets such as savings and financial management, equity, insurance, and vehicles. Family relationships have also become more diverse, with remarried families, children living in different cities, and intergenerational child-rearing becoming increasingly common. The legal needs that frequently arise in daily life are "small but frequent": Should I sign the contract provided by the real estate agent when selling a house? What kind of receipt should I keep when lending 200,000 yuan to a relative? How should my mother draft a will? What should I pay attention to when signing an agency agreement for my child's study abroad? These matters vary in terms of individual amounts and occur throughout the year. It's not cost-effective to hire a lawyer for each individual case, and handling them on one's own carries risks. Family legal advisors are designed to meet the year-round needs of both infrequent major events and frequent minor matters.

II. Key points of dispute

  • Is the service list implemented? Verbal promises can easily fall through. It is advisable to list the items, frequency, and time limits in the contract for family services, otherwise, there will be a big gap when checking the account at the end of the year.
  • The dual nature of family matters: Marital property agreements, wills, and gifts involve both property and identity relationships, and there are special rules for determining their validity. Advisors need to be familiar with the adjudication guidelines of the Marriage and Family Law and the Inheritance Law. General commercial lawyers may not be proficient in these areas.
  • The balance between privacy and family relationships: When advisors get involved in family property matters, it requires the trust and cooperation of all family members. How information is shared, who keeps the materials, and how to make the plan acceptable to the elders are the soft keys to the effectiveness of the service.

III. Professional analysis by Henglue Law Firm

A well-functioning family legal advisory service typically follows a three-step process: addressing routine matters on an as-needed basis, including contract reviews and daily consultations; handling special events such as house purchases, marital changes, childbirth, and the death of elderly relatives, for which advisors provide written opinions or solutions; and conducting annual proactive inspections, including updating family property lists, checking the filing of important documents, and reviewing the validity of wills and beneficiary arrangements. When serving family clients, Henglue Law Firm emphasizes document integration: centralizing and indexing property certificates, insurance policies, loan receipts, and agreement texts to ensure that family members do not have to search for them in the event of disputes or emergencies. Family and property plans often require professional collaboration: addressing marital property and divorce risks, and ensuring the smooth transfer of assets during divorce proceedings.Divorce litigation and legal services for family disputesThe following is a description of the scope of the field of inheritance law. Will, inheritance, and the arrangements for the division of assets all fall within this field.Legal services for inheritance and division of family assetsThe verification of ownership in the real estate transaction process can be combined with other verification processes to improve efficiency and reduce costs.Legal services for real estate transactions and construction projectsIn terms of coordination, family counselors serve as a central point of contact.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021) establishes the system of marital property agreements, which should be in writing and legally binding on both parties; Article 1063 clarifies that a party's premarital property, etc., belongs to personal property; In terms of inheritance, Article 1123 stipulates that inheritance shall be handled in accordance with statutory inheritance after the commencement of inheritance, and if there is a will, it shall be inherited or bequeathed in accordance with the will; Article 1134 stipulates that a handwritten will shall be written, signed and dated by the testator; Article 1139 stipulates that a notarized will shall be handled by the testator through a notary agency. At the practical operation level: First, confirm the annual service list with a lawyer before signing the contract, stating the response time limit and the charging method for exceeding the list; Second, establish a family property and document ledger; Third, for major arrangements such as wills, gifts, and large-scale loans, insist on issuing written opinions first and then implementing them; Fourth, conduct a comprehensive physical examination at least once a year and update the plan according to changes in the family situation.

5. Henglue Law Firm's Advice

The value of family counseling services lies not in resolving a single dispute, but in ensuring that major family arrangements are always based on legal grounds, compliant with regulations, and enforceable. When selecting a lawyer, focus on their comprehensive experience in family and property law, their timely responses, and whether their solutions are documented in writing. For families unsure of the services they need, they can first undergo a family legal checkup and decide whether to transition to annual services based on the results of the checkup. Relevant arrangements can be made throughBeijing Henglue Law FirmFurther inquiries.

Q1: What is the difference between a family legal advisor and a corporate legal advisor?

The target clients and risk maps of these two types of legal services are different. Family advisors focus on personal and family scenarios such as marriage property agreements, real estate transactions, inheritance of wills, children's education, and consumer rights protection, and their solutions need to take into account the relationship and emotional factors among family members. Corporate advisors focus on business contracts, labor employment, corporate governance, intellectual property, and compliance. The intersection of the two is asset segregation between families and enterprises: the boundary arrangement between the personal property of business owners and the company's debts, which involves both fields. When choosing a lawyer, it is important to verify their actual case-handling experience in the corresponding field, rather than just looking at their legal advisor title.

Q2: How is the annual consulting fee usually charged? Is there a limit on the number of consultations?

Common fixed annual fees are charged, with the contract stipulating the services and the annual frequency or duration limit. Exceeding this limit will be charged at a discounted rate; there is also a tiered model where a base annual fee is charged plus separate fees for specific services. The fee level depends on the complexity of family affairs, the amount of document review, and response requirements. It is recommended to list the most likely events (purchasing a house, drafting agreements, making wills) and agree on daily consultation methods such as phone calls and WeChat, along with response deadlines. At the end of the year, check the usage situation and adjust the plan accordingly for the next year. This will ensure a more reasonable fee structure.

Q3: Can the consultant directly help me draft a will and a marital property agreement?

Yes, both of these are common services provided by family counselors. According to Article 1065 of the Civil Code of the People's Republic of China, a marital property agreement should be in writing. When drafting it, the scope of property, ownership certificates, and debt obligations should be listed item by item to avoid causing disputes due to general statements. A self-written will, according to Article 1134, must be written by hand, signed, and dated with the year, month, and day. There are also requirements for proxy writing and printing wills, as well as witnesses. Lawyers will design the text and signing process according to the effective elements, and if necessary, they will recommend notarization to enhance the probative force. It should be noted that clauses that exceed the scope of authority, such as disposing of others' property and restricting inheritance freedom, may be invalid, and these clauses should be designed separately.

Q4: When it comes to buying and selling property at home, what specific services can a consultant provide?

Before the transaction, verify the ownership status of the property, including whether there are mortgages, seizures, co-owners, and the eligibility of purchase restrictions and loan policies; review the core clauses of the sales contract, such as payment deadlines, transfer arrangements, household registration migration, breach of contract liability, and tax payment responsibilities, and suggest safe payment methods such as fund supervision; when breaches such as late payments and refusal to transfer ownership occur during the transaction, promptly issue written reminders and response plans. Real estate transactions involve large amounts and multiple stages, and contract flaws often only come to light when disputes arise. Pre-transaction review is far more cost-effective than litigation after the fact.

Q5: After the death of an elderly family member, can a consultant help with handling estate matters?

During the non-litigation stage, the following tasks can be carried out: organizing a list of assets (real estate, deposits, equities, insurance), reviewing the validity and formal requirements of the will, assisting heirs in negotiating a distribution plan, and guiding them on the materials and procedures required for inheritance notarization. If no agreement can be reached, the attorney can be separately engaged for litigation on property division. According to Article 1123 of the Civil Code of the People's Republic of China, inheritance shall be handled in accordance with the will if there is one, and in accordance with the statutory inheritance if there is none. The validity of the will and the scope of the estate are the starting points of disputes in most families. Having a consultant review the will text and signing procedures in advance can significantly reduce the probability of disputes after the death of a family member.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglue Law Firm