Frequently Asked Questions

25 2026-9

What are the common questions asked during legal consultations on inheritance law?

The inheritance consultation focuses on six major issues, including the scope of heirs, the definition of inheritance, the validity of wills, the calculation of shares, debt repayment, and procedural matters. The first-tier heirs include spouses, children, and parents. It is more efficient to prepare death certificates and property certificates before seeking advice.

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25 2026-9

After the will is deemed invalid, how will the inheritance be divided?

The estate involved in the invalid part of the will shall be handled in accordance with the statutory inheritance (Article 1154 of the Civil Code): the spouse, children, and parents shall be equally distributed in the first order, and the spouse who has made greater contributions to the elderly may receive a larger share. For the property that has already been transferred, the heirs may sue to req...

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25 2026-9

Do I need to hire a lawyer to make a will?

A handwritten will, which is written, signed, and dated by the testator himself, is valid without the need for a lawyer or notarization. However, for cases involving complex assets or family relationships, it is recommended to have a lawyer draft and witness the will to reduce the risk of formal defects and invalidation of the will.

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25 2026-9

What should I do if the content of the will violates the law?

The part of the will that violates mandatory provisions of law or public order and good customs is invalid, and the remaining part is still valid; the portion of the will that disposes of other people's property is invalid, and the invalid part shall be handled in accordance with the statutory inheritance under Article 1154 of the Civil Code.

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25 2026-9

Can an heir sue if they are not satisfied with the distribution of the inheritance?

If the parties fail to reach an agreement on the distribution of inheritance, they may file a lawsuit in accordance with Article 1132 of the Civil Code. The statute of limitations for inheritance disputes is three years. The court shall determine the share of inheritance based on the validity of the will and the contributions to the support of the elderly. The jurisdiction shall be the place where...

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25 2026-9

If a high net worth individual does not have a will, how will their estate be distributed?

In the absence of a will, the inheritance shall be in accordance with the statutory succession: spouses, children, and parents shall share equally in the first order (Article 1127 of the Civil Code), and the joint property shall first be allocated to the spouse (Article 1153); high-net-worth families should make a will as soon as possible to prevent the dispersion of equity and inheritance deadloc...

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25 2026-9

Does being separated for two years automatically lead to a divorce?

There is no automatic divorce in China: there are only two paths, namely registration of an agreement (including a 30-day cooling-off period) or litigation; separation for more than two years is only one of the circumstances recognized as a breakdown of the marriage relationship in Article 1079 of the Civil Code, and divorce still requires a court judgment or mediation.

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25 2026-9

Can the spouse apply to revoke the transfer of the house to their parents at a low price?

If the jointly-owned property is transferred to the parents without compensation or at a significantly low price, the parties may request its revocation in accordance with Articles 538 and 539 of the Civil Code (within the one-year exclusionary period) and claim a reduced share for the transferring party in accordance with Article 1092; the determination of ownership is a prerequisite for this.

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25 2026-9

How to collect evidence when a spouse is living with a third party?

The evidence collection focuses on chat records, entry and exit records, transfer vouchers, guarantee letters, and police intervention records, which must be obtained legally. Co-habitation constitutes a major fault, and claims can be made in accordance with Article 1091 of the Civil Code. If a spouse gifts property to a third party during the marriage, the other spouse can request the return of t...

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25 2026-9

After the divorce, who will get custody of the children?

The custody rights are determined in accordance with Article 1084 of the Civil Code: for children under the age of 2, the mother shall have the primary right to custody; for children aged 2 or above, the custody shall be determined in accordance with the principle that is most beneficial to the minor children; for children aged 8 or above, the child's wishes shall be respected; and any change in t...

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25 2026-9

After marriage, how is the house jointly repaid by both spouses divided in the event of divorce?

After marriage, the parties jointly repay the mortgage for the pre-marital house, and the house generally belongs to the party who registered it. The remaining loan is the party's personal debt. According to Article 78 of the Interpretation of the Marriage and Family Code, the party who registered the house shall compensate the other party for the joint repayment of the loan and the corresponding ...

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25 2026-9

Can a prenuptial agreement stipulate the division of marital property after marriage?

According to Article 1065 of the Civil Code, a prenuptial agreement may stipulate in writing that the assets acquired after marriage shall belong to each spouse separately, jointly, or partly to each spouse, and such agreement shall be binding on both parties. The enforceability of the debt against the other party shall be subject to the condition that the other party is aware of the agreement.

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25 2026-9

How to avoid being "saddled with debt" during a divorce?

According to Article 1064 of the Civil Code, joint debts signed by all parties and debts incurred for daily household matters are considered joint debts. If the debts exceed what is necessary for daily life, the creditor shall provide evidence. In the case of debt sharing in a divorce agreement, the debtor's obligation does not bind the creditor, and the debtor can seek reimbursement after assumin...

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25 2026-9

How to draft a prenuptial agreement that is legally valid?

A prenuptial agreement, once signed in writing, is binding. The essential elements for its validity are voluntariness and authenticity, and the content must be legal. Notarization is not mandatory, but it can enhance the evidentiary force of the agreement. The clauses of the agreement should avoid including provisions that restrict marital freedom or other personal rights.

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