Legal Information

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

24 2026-10

Will losing the right to inherit occur if one intentionally kills the decedent?

Intentionally killing the heir results in the loss of his/her right of inheritance according to law, and the leniency system is not applicable. Both completed and attempted acts may constitute a crime, except for self-defense. Generally, the heir's children cannot inherit on behalf of him/her, and the determination of the crime shall be based on the findings of the criminal investigation.

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24 2026-10

Under what circumstances will one lose the right of inheritance?

Article 1125 of the Civil Code stipulates five circumstances in which the right of inheritance is lost: intentional homicide, killing other heirs for the purpose of inheriting property, abandonment and abuse of heirs in serious circumstances, forgery and alteration of wills in serious circumstances, and fraud and coercion to interfere with wills. The latter three circumstances may be excused.

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24 2026-10

How is the statute of limitations for the heir's debts calculated?

The statute of limitations for the debt of the heir is three years, starting from the time when the heir knows or should have known that his rights have been infringed and the obligee has been identified. If the creditor claims against the heir or the heir agrees to perform the obligation, etc., the statute of limitations will be interrupted. The maximum protection period is 20 years.

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24 2026-10

If the inheritance is not enough to pay off the debts, do the heirs need to make up the difference?

When the inheritance is insufficient to settle the debts, the heirs have no legal obligation to make up the shortage, and the settlement shall be limited to the actual value of the inheritance. Giving up the inheritance can exempt them from liability but subject to certain restrictions. Voluntary settlement of the debts cannot be revoked, and the co-heirs shall share the debts in proportion to the...

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24 2026-10

How is it calculated when an heir pays off debts within the limits of the inheritance?

The heir shall pay off the tax debt within the actual value of the inherited estate, and there is no legal obligation to pay off the excess amount; the process shall be to first evaluate the estate, then pay off the debt, and finally divide the estate, reserving the mandatory share. It is necessary to pay attention to the three-year statute of limitations and the burden of proof.

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24 2026-10

Who will repay the debts guaranteed by the deceased before his death?

The debt guaranteed by the decedent before his death belongs to his pre-death debts, and the heirs shall bear the liability within the actual value of the inherited estate; in the case of joint and several guarantees, the creditor can directly claim the debt; in the case of general guarantees, the creditor shall first enforce the debtor's property, and the heirs may recover the debt after paying o...

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24 2026-10

Under what circumstances can one apply for a change in custody rights?

To change the custody rights, the following legal circumstances must be met: the other party is seriously ill or disabled and unable to raise the child, the child is being abused, or the child who has reached the age of eight wishes to live with the other party, etc. If both parties agree, the change can be made through an agreement; if not, the change must be proven through litigation.

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24 2026-10

What is the standard for divorce damages compensation?

There is no unified or fixed standard for divorce damages. The court shall determine the amount based on the degree of fault and the local living standard, etc. The statutory circumstances include bigamy, cohabitation, domestic violence, etc. If the parties do not waive their rights in the divorce agreement, they can still claim damages separately.

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24 2026-10

How to apply for property preservation in divorce litigation?

In divorce litigation, parties can apply for property preservation during or before the lawsuit. In urgent cases, the court will make a ruling within 48 hours. Before applying for property preservation, the applicant must provide a guarantee, and the lawsuit must be filed within 30 days. If the property preservation is conducted incorrectly, the applicant shall bear compensation for the resulting ...

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24 2026-10

Can you represent me in the lawsuit if the other party doesn't agree to the divorce?

If the other party does not agree to the divorce, they can still entrust a lawyer to file a lawsuit, and the lawyer can handle the entire process on their behalf. If the marriage has truly broken down and mediation is ineffective, the court should grant the divorce. If the court rules against the divorce, and the couple lives apart for at least one year after the ruling before filing for divorce a...

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24 2026-10

What are the principles of dividing marital assets during a divorce?

The division of marital property shall be prioritized by agreement. If no agreement can be reached, the court shall make a judgment in accordance with the principles of taking care of the children, protecting the interests of the wife and the party without fault; and the party who conceals or transfers the joint property may be awarded a smaller share or no share at all.

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