Frequently Asked Questions

27 2026-10

How do we evaluate the success rate of criminal law firms in handling cases?

There is no unified standard for winning criminal cases, and the success rate should be based on process indicators such as experience in similar cases, the proportion of bail granted and non-prosecution, and the reduction in sentencing, rather than blindly believing in percentage commitments. It is necessary to evaluate the case based on its specific circumstances.

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27 2026-10

What questions can criminal defense lawyers ask during consultations?

When consulting a criminal defense lawyer, you can ask about the nature of the charges, whether the act constitutes a crime, the possibility of coercive measures and bail, the sentencing range, the weaknesses of the evidence, and the steps to protect your rights. It is recommended to bring relevant materials to facilitate efficient communication with the lawyer.

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27 2026-10

What is the role of corporate criminal compliance?

Corporate criminal compliance reduces the likelihood of units and their responsible persons being held accountable by identifying and preventing criminal risks in business operations, and serves as a mitigating factor when involved in legal cases, thus serving as a proactive legal risk prevention line.

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27 2026-10

Do I need to pay taxes when bequeathing a house to a friend?

In China, there are no inheritance taxes or gift taxes. Gifting real estate to friends generally does not involve special inheritance taxes. However, the recipient needs to pay stamp duty and stamp tax, and there may also be personal income tax when selling the property in the future. It is recommended to consult a professional before transferring ownership.

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27 2026-10

How should we view the situation where an heir intentionally alters a will?

If the will is altered by the heir, the altered content shall be deemed invalid according to Article 1143 of the Civil Code, and the original content or legal inheritance shall apply. It is recommended to preserve the original document and any traces, and to seek appraisal and protection of rights when necessary.

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27 2026-10

When there is a conflict between a will and the designation of insurance beneficiaries, whose decision should prevail?

The insurance money designated for the beneficiary does not belong to the estate and is not distributed according to the will. According to Article 42 of the Insurance Law, the insurance money will only be treated as the beneficiary's estate and handled according to the will or statutory inheritance when the beneficiary dies.

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27 2026-10

Is tearing up the will considered a withdrawal of it?

If the testator intentionally tears up the will, it can be presumed that he/she has revoked it. The revocation must be based on his/her true intention and the content of the will must be lost. If others tear up the will or are able to restore its content, it does not necessarily mean that the testator has revoked it, according to Article 1142 of the Civil Code.

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27 2026-10

If I make a new will, will the old one still be valid if it hasn't been destroyed yet?

After making a new will, if the old will is not destroyed, the content that conflicts with the new will shall be governed by the latest will; according to Article 1142 of the Civil Code, the old will does not need to be destroyed if it is replaced by the new will. If there is no conflict between the two wills, they shall each be effective separately.

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27 2026-10

Is it possible for the witness to be much older than the testator?

It is not prohibited for a witness to a will to be older than the testator. The law only excludes those who are incapacitated and have a vested interest; according to Article 1140 of the Civil Code, the key points are the witness's capacity to witness and their neutrality.

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27 2026-10

Are the inheritance rights of stepchildren the same as those of adopted children?

Stepsiblings must form a supportive relationship with their stepparents in order to enjoy the right of inheritance. Adopted children, once legally registered, enjoy equal rights with biological children. According to Article 1127 of the Civil Code, the two groups have different legal statuses, the key difference lying in their legal and factual identities.

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27 2026-10

When the contents of multiple wills conflict with each other, which one should prevail?

In the event of conflicts between multiple wills, the last legally valid will shall prevail. Article 1142 of the Civil Code has abolished the priority of notarized wills. It is recommended to sort out the dates and legal effects of each will.

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27 2026-10

Is it valid for a witness to sign their name later on after the fact?

It is difficult to rectify the effectiveness of a will signed by witnesses after the fact, and wills such as those written by others must be signed in the presence of the testator at the time of drafting. It is recommended to standardize the witnessing process or re-notarize the will on the spot to avoid formal defects leading to its invalidation.

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27 2026-10

Can illiterate people serve as witnesses to a will?

It cannot be generalized whether illiterate people can serve as witnesses to wills. According to Article 1140 of the Civil Code, it depends on whether they have the ability to witness. For wills written by others, it is advisable to choose witnesses who have the ability to read and are neutral.

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27 2026-10

Is it necessary to hire a lawyer to file a lawsuit for custody rights?

It's not mandatory to hire a lawyer when filing a custody lawsuit, but the burden of proof and procedural requirements are high. The core evidence shows that it's more beneficial for the child to be raised by the parent who files the lawsuit. It is recommended to consult a lawyer as soon as possible in complex situations.

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27 2026-10

Is legal advice on family matters free of charge?

Family law consulting firms usually charge fees, while public legal platforms and those who meet the requirements can receive free legal aid according to the Law on Legal Aid. It is recommended to first seek preliminary consultation and then entrust a lawyer or apply for legal aid based on the actual situation.

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