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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
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.
Learn more >
The spouse of the heir is a person with an interest in the inheritance and cannot legally act as a witness to the will; if there are no qualified witnesses for the written, printed, audio-visual, or oral will, the will may be invalid and the inheritance shall be handled in accordance with the law.
Learn more >
A notarized will can be entrusted to others to collect the notarization certificate on behalf of the testator, and the collection will not affect the validity of the will. To collect the certificate, a power of attorney and the testator's and the agent's identity documents are required. In case of conflicts between multiple wills, the latest one shall prevail.
Learn more >
A notarized will may be revoked or amended by the testator himself/herself through a new notarization; according to Article 1142 of the Civil Code, if several wills conflict with each other, the latest one shall prevail, and the priority of notarization has been cancelled.
Learn more >
The fees for notarized wills are determined by local judicial and price departments on a per-case or per-subject basis, and there is no unified national pricing. It is recommended to consult local notary agencies and pay attention to distinguishing notary fees from attorney fees.
Learn more >
A notarized will requires the testator to apply to a notary office in person, undergo identity and property verification, have a transcript made, and receive a certificate. According to Article 1139 of the Civil Code, the notarization process is handled by notary offices, which ensures the standardization of the process and the strong legal effect of the will.
Learn more >
