After notarizing a will, it can still be modified or revoked. The Civil Code has abolished the priority of notarized wills, and if there are several wills with conflicting contents, the latest one shall prevail.
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If the heir named in the will dies before the testator, the share of inheritance specified in the will shall be converted into statutory inheritance; and the other statutory heirs shall inherit according to law, taking into account the kinship relationship.
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The simple procedure for litigation of divorce property division shall be concluded within three months, and the ordinary procedure within six months. Mediation can help resolve the case faster. The time limit for litigation involving appraisal, audit, or cross-border property may be extended in accordance with the law.
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The divorce cooling-off period only applies to divorces through civil agreements, and does not restrict divorces through court mediation. If an agreement is reached during the cooling-off period, the parties can still file a lawsuit and the court will issue a mediation document. The mediation document has the same legal effect as a court judgment.
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The custody of children in cross-border divorces shall be determined or mediated by the Chinese courts with jurisdiction in accordance with the principle that is most beneficial to the minor children; if the parties are foreign nationals who have a habitual residence in China, the Chinese courts may also exercise jurisdiction over the case.
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The core of separating premarital property from marital joint property is that the funds are not mixed and the ownership can be proven; according to Article 1063 of the Civil Code, premarital property will not be converted due to the continuation of marriage.
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After divorce, it is not necessary to hire a lawyer to change the custody rights, but when it comes to providing evidence for legal changes and comparing stable environments, a lawyer can improve the quality of evidence and strategies.
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The divorce agreement stipulates that the debt shall be borne by one party and is effective and binding within the couple, but it cannot be used against bona fide creditors; after one party makes repayment, they can seek reimbursement according to the agreement.
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In divorce property division disputes, the party claiming joint property has the burden of proof, and the key evidence includes property ownership certificates, investment and loan repayment records, vehicle registration and purchase tax certificates, chat records, etc.
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The two parties shall first seek mediation from the court for custody rights, and the principle to be followed is to ensure the best interests of the minor children. The court shall determine custody based on the child's age, environment, and parenting ability in accordance with Article 1084 of the Civil Code.
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To investigate whether a spouse has hidden real estate, equity, and deposits, one can apply for a court investigation order to check real estate, industrial and financial records. According to Article 1092 of the Civil Code, one can claim a smaller share or no share of the marital property.
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If you discover that your spouse is transferring property, you can claim a smaller share or no share according to Article 1092 of the Civil Code. The key is to collect evidence of the spouse's financial transactions and changes in real estate ownership, and to apply for property preservation.
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Before marriage, personal savings do not automatically become joint property upon marriage; according to Article 1063 of the Civil Code, the key point is that the source of the funds must be clear and not mixed with post-marital property. It is recommended to keep the transaction records of the funds.
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Online marriage and family counseling can be used for preliminary reference, but major divorce, property division, and custody issues still require practicing lawyers to evaluate them based on evidence to avoid missing deadlines due to misinterpretation of the law.
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The lawyer explained the common non-litigation legal services: long-term consultancy, contract review, due diligence and mergers and acquisitions, labor compliance, intellectual property layout, and will witnessing, including the fee charging methods and selection advice.
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