Legal Information

Firm news, insights on new laws, and frequently asked questions.

24 2026-9

What are the conditions for holding a second-instance trial in criminal cases?

According to Article 234 of the Criminal Procedure Law, in appellate cases where objections to factual evidence may affect the conviction and sentencing, death penalty cases, and cases where the procuratorate files a counter-appeal, the second-instance trial shall be held in court. If the trial is not held in court, the defendant must still be interrogated, and the appeal period shall be ten days.

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24 2026-9

What will happen if someone commits a new crime during the probationary period of a suspended sentence?

According to Article 77 of the Criminal Law, if a person commits a new crime during the probation period of a suspended sentence, the suspended sentence shall be revoked. According to Article 69, the new crime shall be punished together with the previous crime, and the original sentence shall no longer be exempted. The person will usually face actual imprisonment. However, if the person surrenders...

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24 2026-9

What are the principles of inheritance division?

The division of inheritance is governed by Articles 1130, 1132, and 1156 of the Civil Code, among others: Generally, the shares of the same rank are equal. Those who fulfill their main obligation of supporting the elderly can receive a larger share. The division of inheritance should be carried out first, followed by the inheritance. The division of inheritance shall not impair the effectiveness o...

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24 2026-9

Can cremated remains and cemetery plots be inherited as part of an estate?

Cremated remains and cemeteries are not part of the estate. Cremated remains carry personal interests, and cemeteries, as burial facilities, cannot be inherited and divided according to Article 1122 of the Civil Code. Disputes over memorial services shall be handled in accordance with public order and good customs, and the amount of inheritance shall be determined based on the evidence of support ...

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24 2026-9

Can the inheritance share of a minor child be revoked in a will?

According to Article 1141 of the Civil Code, the testator shall reserve a necessary share for the heirs who lack working capacity and have no source of livelihood; minor children are the objects of mandatory reserved share protection, and the unreserved share shall be deducted first and then distributed according to the will.

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24 2026-9

How much does it cost to have a lawyer witness a will?

Lawyers typically charge a fee per document when witnessing a will. In Beijing, the fee usually starts at thousands of yuan, and it increases depending on the complexity of the estate or the number of documents to be sorted out. In inheritance cases, risk-based fees are not allowed. Before signing the contract, clients should request a written quote and a service list.

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24 2026-9

Do witnesses to a will need to recuse themselves?

According to Article 1140 of the Civil Code, heirs, legatees, and persons with an interest in them cannot serve as witnesses to wills; if the witness is unqualified, the will written by a proxy or printed will may be invalidated, and the inheritance shall be handled in accordance with the statutory succession rules.

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24 2026-9

Can a widowed daughter-in-law inherit her mother-in-law's estate?

If a widowed daughter-in-law has fulfilled her main duty of supporting her parents-in-law, she shall be regarded as the first-order heir in accordance with Article 1129 of the Civil Code; she needs to provide evidence of long-term support and care, and the statute of limitations is 3 years. If no agreement can be reached through negotiation, she can sue to confirm her rights.

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24 2026-9

What does an estate manager do?

The estate administrator is responsible for clearing, preserving, and distributing the estate in accordance with Article 1147 of the Civil Code; the estate administrator may be appointed by the executor of the will, the heirs, or the civil affairs department. If the estate administrator fails to perform his duties and causes losses, he shall be liable for compensation.

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24 2026-9

What are the duties of an executor of a will?

According to Article 1147 of the Civil Code, the estate administrator is responsible for inventorying and cataloguing the estate, reporting on the estate, preventing damage, settling debts, and dividing the estate; the executor of the will shall take precedence, and shall be liable for compensation in the event of dereliction of duty.

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24 2026-9

Can a divorce litigation attorney help collect evidence?

Lawyers can investigate and collect evidence according to Article 35 of the Lawyers Law and apply for a court investigation order; illegally obtained evidence will be excluded; Henglue Law Firm once used household registration investigation and overseas evidence collection to confirm the fact of bigamy.

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24 2026-9

What will the court decide if the defendant in a divorce case fails to appear in court?

If the defendant fails to appear in court after being summoned by a subpoena, a default judgment may be rendered in accordance with Article 147 of the Civil Procedure Law; the service by public announcement shall be deemed to have been effected 30 days after the announcement; and the breakdown of the marriage and the support of the property shall still be determined based on the evidence.

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24 2026-9

How long does it take to automatically divorce after separation?

In China, there is no automatic divorce: even after a long separation, the marriage will not be automatically dissolved. According to Article 1079 of the Civil Code, if the couple has been separated for more than two years due to marital disharmony and the mediation is unsuccessful, the court shall grant a divorce; if the court refuses to grant a divorce after the first divorce petition, and the c...

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