Legal Information

29 2026-9

How do death penalty review lawyers submit their opinions to the Supreme People's Court?

During the review stage of the death penalty, lawyers can submit written defense opinions to the Supreme Court in accordance with the law and apply for review of the case file and meetings with the defendant. The opinions focus on the facts, evidence, and procedural violations. Whether the opinions can affect the outcome depends on the substantive arguments.

Learn more >

29 2026-9

Do criminal lawyers' fees include consultation and reviewing case files?

The fees charged by criminal lawyers include meeting with clients, reviewing case files, and reviewing the power of attorney contract. Stage-based representation typically includes meeting with clients and reviewing case files during that stage, but individual services may be charged separately. The scope and fees should be clearly specified in writing before signing the contract.

Learn more >

29 2026-9

Can inheritance lawyers in Beijing assist with handling property inheritance matters?

Beijing inheritance lawyers can assist with property inheritance, including will review, inheritance rights notarization or litigation, transfer agency, and dispute resolution; if there are no disputes, they will handle the notarization; if there are disputes, they will litigate to confirm the rights, and then proceed with the registration according to law.

Learn more >

29 2026-9

How much tax do I need to pay when selling an inherited property?

When inheriting a property and then reselling it, the legal inheritance process is exempt from deed tax; when reselling it after five years as the sole owner, personal income tax is exempt; when reselling it after two years, value-added tax is exempt; and the difference between the selling price and the original value is taxed at a rate of 20%, subject to the specific provisions of the relevant po...

Learn more >

29 2026-9

Do we need to conduct a handwriting analysis for inheritance disputes involving wills?

In cases of disputes over handwriting in will inheritance, parties may apply for handwriting authentication to determine the authenticity of the will according to law. A handwritten will must be written and signed by the testator, with the date specified. Any formal or competency defects in the will may render it invalid, and the outcome of the case depends on the evidence and the application of t...

Learn more >

29 2026-9

If one of the parents passes away, how can their children inherit the property? What notarization procedures are required?

If one of the parents passes away, the surviving spouse and children are all first-order heirs; the house must first be allocated to the surviving spouse's half share, and the remaining part will be divided as inheritance. Since July 5, 2016, the transfer of inheritance no longer requires mandatory notarization, and it can be handled through notarization or litigation.

Learn more >

29 2026-9

What should be done if there are disputes over the distribution of the inheritance among the heirs?

If the heirs have disputes over the distribution of the estate, they can negotiate, mediate, or file a lawsuit in accordance with Article 1132 of the Civil Code; if they fulfill their main obligation of supporting their parents, they can claim a larger share and must provide evidence; if there is a legal will, the will shall be executed, and in case of disputes, they can apply for property preserv...

Learn more >

29 2026-9

What taxes do I need to pay when reselling an inherited property?

When inheriting a property and then reselling it, the legal heirs are exempt from paying deed tax in the inheritance process; in the resale process, they need to pay taxes according to the rules for second-hand housing transactions. Whether they can enjoy tax exemptions depends on whether they meet the requirements for exemption from value-added tax after two years and exemption from personal inco...

Learn more >

29 2026-9

What is the statutory order of inheritance?

The statutory order of inheritance is determined by Article 1127 of the Civil Code: the first order is spouses, children, and parents; the second order is siblings, grandparents, and grandparents-in-law. In the absence of a will, the inheritance shall first proceed in accordance with the first order, and the couple's joint property shall first be allocated to the spouse's share.

Learn more >

29 2026-9

How should the inheritance of real estate be divided among multiple children?

Inheriting property by multiple children: If there is a will, the property shall be inherited according to the will; if there is no will, the property shall be equally divided among the children according to law. Those who fulfill their main duty of supporting their parents can receive a larger share. If no agreement can be reached, a lawsuit for division of property can be initiated. For jointly ...

Learn more >

29 2026-9

How do multiple heirs divide their parents' inheritance? How is the share calculated?

The parents' estate shall be distributed by the statutory heirs: the spouse, children, and parents in the first order shall divide the estate equally. Those who fulfill their main duty of supporting their parents may receive a larger share, while those who have the ability to support but fail to fulfill their duty shall receive a smaller share or no share at all. The distribution may not be equal ...

Learn more >

29 2026-9

After a family member passes away, how is the inheritance divided?

When a family member passes away, the estate is first divided and then inherited. If there is a will, the inheritance follows the provisions of the will; if there is no will, the inheritance follows the law: the first order of succession includes the spouse, children, and parents. Generally, the shares are equal within the same order, and those who have fulfilled their main support obligations may...

Learn more >

29 2026-9

After the end of the divorce cooling-off period, what should I do if the other party refuses to cooperate?

Within 30 days after the expiration of the cooling-off period, the couple must jointly pick up the marriage certificate. If the other party refuses to cooperate, it will be deemed as a withdrawal of the application. The couple may reapply for divorce or directly file a lawsuit for divorce; the lawsuit is not subject to the cooling-off period. It is recommended to fix the evidence of the couple's p...

Learn more >

29 2026-9

After divorce, can the custody rights be changed?

After divorce, the custody rights can be legally changed. According to Article 1084 of the Civil Code and Article 56 of the Interpretation of the Marriage and Family Chapter, the other party may be sued for a change of custody if the child suffers from a serious illness, fails to fulfill his or her custody obligations, or the child aged over eight years old wishes to live with the other party, wit...

Learn more >

29 2026-9

If the woman doesn't have a stable job, can she still fight for custody of the child?

Even if the woman does not have a stable job, she can still fight for custody rights. The court ruled in accordance with the principle of maximizing the interests of the minor children, where income is not the only criterion. Long-term companionship, stable care, and the wishes of children over the age of eight are also crucial. The decision was made in accordance with Article 1084 of the Civil Co...

Learn more >