Frequently Asked Questions

09 2026-10

If the donee fails to express their acceptance of the gift within the specified time limit, can they still receive it?

The donee shall make a statement of acceptance within 60 days after knowing that he/she has received the gift. If the donee fails to make a statement within the time limit, it shall be deemed that he/she has waived the right to accept the gift, and generally cannot obtain the inheritance anymore; only in extremely special circumstances can relief be sought.

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09 2026-10

Can a will be left to someone other than the legal heirs?

A will can be used to bequeath property to individuals other than the legal heirs (legacy), and the bequeathees must accept the bequest within 60 days. Failure to do so within the time limit shall be deemed as a waiver. The bequest shall be in a legal form and a necessary share shall be reserved for those who are unable to work, which shall be deemed valid.

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09 2026-10

Are oral wills valid in emergency situations?

An oral will made in an emergency situation is valid, but subject to Article 1138 of the Civil Code: if there are more than two witnesses present and the crisis is resolved, the oral will becomes invalid if it can be made in another form after the crisis is resolved.

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09 2026-10

Can a notarized will still be revoked or amended?

A notarized will can be revoked and amended. Article 1142 of the Civil Code abolishes the priority of notarization. If there are several wills with conflicting contents, the latest one shall prevail; before its implementation, the notarized will still applies the priority rules of the original inheritance law.

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09 2026-10

Is a printed will legally recognized?

Printing a will is legally valid, but it must meet the requirements of Article 1136 of the Civil Code: there must be at least two witnesses present, and the testator and the witnesses must sign each page and indicate the year, month, and day. Otherwise, the will may be invalid.

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09 2026-10

The money borrowed by my spouse without my consent, do I have to repay it together with them when we get divorced?

When determining whether a spouse should jointly repay a loan taken out without the other's knowledge, it depends on whether the loan was used for the couple's joint life and whether there was a mutual intention to borrow. According to Article 1064 of the Civil Code, if the loan exceeds daily needs and is not jointly acknowledged, the spouses generally do not share the repayment responsibility.

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09 2026-10

What should I do if the other party takes away the child during the custody battle?

In the custody dispute, if the child is taken away, you should immediately report to the police to fix the evidence and claim according to the principle of "the best interests of the minor children" in Article 1084 of the Civil Code; do not resort to violence to counter violence, and it is advisable to safeguard your rights through litigation and protective measures.

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09 2026-10

What should I consult with a lawyer about regarding divorce issues?

Divorce counseling should cover four categories: the conditions for divorce, child custody and visitation, division of joint property, and compensation for debts and faults. It is most effective to bring along the marriage certificate and materials related to property and children, and attention should be paid to the transparency of fees.

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09 2026-10

Will the pre-marital savings deposited in the salary card be divided in the event of a divorce?

Before marriage, the deposits in the salary card still belong to personal property. However, if they are mixed with the salary after marriage and the sources cannot be distinguished, they are often regarded as joint property. It is recommended to keep them separately and retain the transfer receipts.

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09 2026-10

Domestic violence leads to a breakdown in the relationship. What evidence is needed to file for divorce?

The core evidence for prosecuting divorce due to domestic violence includes police reports, photos of injuries, warning letters issued by the police, medical records, audio-visual materials, and chat records. It's easier to obtain a divorce judgment after separation following an initial ruling of non-divorce, so it's advisable to collect evidence promptly.

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09 2026-10

Are the earnings from financial investments and stocks purchased before marriage considered joint property after marriage?

Before marriage, financial management and stocks are personal property. After marriage, the income from them, except for the interest and natural appreciation, is generally regarded as joint property. The income from active operations and dividends reinvested are usually jointly owned. It is recommended to keep records of purchases and operations.

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09 2026-10

Is it useful to seek legal advice on adding one's name to the property deed after marriage?

After marriage, adding one's name to the property title is usually regarded as a gift and belongs to the couple's joint property, but the source of the investment and the nature of the agreement affect the share of ownership. If the name addition is not completed before the transfer of ownership or if one of the parties dies, inheritance disputes are likely to arise. It is recommended to consult a...

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09 2026-10

Do I need to hire a lawyer to fight for custody rights in court?

It's not mandatory to hire a lawyer when filing a lawsuit for custody rights. If the facts are clear and the differences are minor, you can handle it yourself. However, when it comes to proving fault, property disputes, or intense custody battles, hiring a lawyer can help you secure an advantageous position.

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09 2026-10

The other party is a foreign national. How will the custody of the child be determined after the divorce?

When one party is a foreign national, the custody of their children is still decided based on the principle of what is most beneficial to the minor children. Foreign factors mainly affect the divorce process and jurisdiction, rather than substantive standards.

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09 2026-10

What should I do if I want to divorce but can't bear to part with my children?

I want to divorce, but I can't bear to part with my child. However, the divorce and custody rights can be handled concurrently. The court will decide the custody based on the principle of what is most beneficial to the minor children, and the children aged over eight will be respected for their own wishes.

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