Frequently Asked Questions

23 2026-10

How long does a lawsuit over an inheritance dispute typically last?

The lawyer explained the duration of litigation for inheritance disputes: three months for summary proceedings, six months for ordinary first-instance proceedings, and three months for second-instance proceedings. Appraisals and evaluations, as well as transfers of inheritance, may prolong the process, and the lawyer also suggested that mediation would be more efficient.

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23 2026-10

What is the difference between subrogated succession and transferred succession?

The lawyer explained the difference between subrogated succession and transferable succession: Subrogated succession solves the problem of children dying first and being inherited by their younger direct blood relatives, while transferable succession solves the problem of the heir dying later and transferring their share to their own heirs.

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23 2026-10

What are the requirements for a witness to a will?

The lawyer explained that the witnesses of the will must have full capacity for action and not be inheritors, legatees, or interested parties. For a written, printed, recorded, or oral will, there must be at least two qualified witnesses.

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23 2026-10

Can I change my mind after signing the inheritance division agreement?

The lawyer explained that the inheritance division agreement is legally binding once it is established. It can only be revoked or adjusted under statutory circumstances such as fraud, coercion, major misunderstanding, or infringement of the reserved share. The lawyer also reminded the client of the exclusionary period.

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23 2026-10

What is the difference between a family trust and a will?

The lawyer compared the differences between family trusts and wills in terms of the effective time, asset isolation, and flexibility in asset distribution, and suggested their application based on the scale of assets and the target portfolio.

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23 2026-10

How is the statute of limitations calculated for litigation over disputes over inheritance through a will?

The lawyer explained that the ordinary statute of limitations for inheritance disputes is three years, and the longest protection period is 20 years. The donee must express their intention within 60 days after receiving the inheritance and provide evidence of the priority of notarized wills.

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23 2026-10

Can a real estate inheritance lawyer assist with litigation?

The lawyer explained that in the case of property inheritance disputes, it is possible to entrust a lawyer to litigate, clarify the ownership of the property and the validity of the will, and cited examples of cases where the application to buy the 601 house under a borrowed name was rejected, and each heir received 50% of the inheritance.

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23 2026-10

How to choose a reliable marriage and family law firm?

The lawyer explained that when choosing a marriage and family law firm, one should consider four aspects: professional expertise, proven track record, transparent pricing, and smooth communication. He also advised people to be cautious of promises such as "guaranteed victory" and "unbeatable success".

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23 2026-10

How to fight for custody of the children during a divorce?

The lawyer explained that in divorce cases involving custody rights, the principle of acting in the best interests of the minor children should be followed. Children under the age of two should be awarded to the mother, and those over the age of eight should be allowed to express their own wishes. The lawyer also listed the evidence supporting the child living with him/her, and claimed the main po...

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23 2026-10

How to find an experienced divorce litigation lawyer?

The lawyer explained that when hiring a divorce litigation attorney, one should pay attention to whether the attorney's case handling experience matches the client's case type and legal field, be cautious about guarantees of guaranteed victory, and verify the attorney's practice license number and case records through their official website.

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23 2026-10

After experiencing domestic violence, how can one collect evidence such as police reports, injury reports, and chat records?

The lawyer explained that in cases of domestic violence, it is necessary to systematically collect police reports, injury reports, and chat records. He also advised victims to call the police and seek medical treatment immediately, and to apply for a personal safety protection order as soon as possible.

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23 2026-10

Can a prenuptial agreement protect premarital property?

The lawyer explained that a prenuptial agreement can protect personal property before marriage. The Civil Code stipulates that a written agreement is binding on both parties, and advises listing the property information and obtaining a notarization.

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23 2026-10

When domestic violence leads to divorce, will the division of property favor the victim?

The lawyer explained that in divorce cases involving domestic violence, the division of marital property should legally favor the innocent victim, without a fixed ratio. He also advised the client to report the case to the police, obtain evidence, apply for a personal safety protection order, and provided an example of a property division case involving 5.81 million yuan.

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23 2026-10

How to preserve evidence of hidden assets during a divorce?

The lawyer explained that even if the other party conceals and transfers their assets, the court can still preserve and divide them. According to Article 1092 of the Civil Code, the other party may be awarded a smaller share or no share at all. The lawyer also advised the client to promptly secure the transaction records and apply for asset preservation.

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23 2026-10

If a spouse transfers their savings to their parents or relatives, does this count as a transfer of the couple's jointly owned property?

The lawyer explained that if a spouse transfers savings to their parents or friends during the marriage, and if the money belongs to the couple's joint property and is transferred suddenly, it may be deemed as a transfer of assets. In such cases, the couple may receive a smaller share or no share in the divorce settlement.

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