An attorney witnesses the making of a will in the form of a written or printed will, and a notarized will is handled by a notary office. The Civil Code has abolished the priority of notarized wills, and the last will made will take precedence over several wills.
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A handwritten will must be written in its entirety by the testator, signed and dated (Article 1134 of the Civil Code), and does not require notarization or witnessing. Printing and signing a will does not count as a handwritten will, and the disposition of personal property is only effective if it is done in accordance with the will.
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An inheritance dispute lawyer is responsible for reviewing the validity of the will, investigating the scope of the estate, determining the shares of the heirs, and executing the litigation. They also handle difficult issues such as sub-succession and the division of marital joint property, ensuring a more secure and comprehensive legal representation throughout the entire process.
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Family law attorneys need to possess four core competencies: legal expertise, property investigation, negotiation and mediation, and solution design. When selecting a lawyer, consider their experience in similar cases, their plan for gathering evidence, and the transparency of their fee structure. Be wary of lawyers who promise guaranteed victories.
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Marriage and family lawyers provide services covering prenuptial agreements, divorce litigation, custody rights, property division, will inheritance, personal safety protection orders, etc. They emphasize both litigation and non-litigation approaches, and clients can choose the method of entrustment according to their needs.
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For remarried families, it is recommended to sign a prenuptial agreement: According to Article 1065 of the Civil Code, a written agreement on the ownership of pre-marital and post-marital property can reduce disputes over divorce property division and inheritance. It is more secure to have a lawyer draft the agreement.
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According to Article 1065 of the Civil Code, a prenuptial property agreement concluded in writing is legally binding. It must be signed voluntarily and its content must be legal. Notarization is not a requirement for the agreement to take effect, but it can enhance its evidentiary value.
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According to Article 1063 of the Civil Code, premarital property shall not be subject to division in the event of divorce. The key point is to prevent asset mixing and keep supporting documents. For large-value assets, the parties may agree in writing in accordance with Article 1065 that they shall remain the respective owners of such assets.
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According to Article 1064 of the Civil Code, joint debts shall be determined as follows: jointly signed debts are considered joint debts; daily household affairs are considered joint debts, and the creditor shall provide evidence if the debts exceed the daily needs; the division of debts in divorce does not preclude the creditor's right to claim; and the recovery of debts shall be claimed separate...
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When choosing a divorce lawyer, consider their professional expertise, similar case experience, solution strategies, and written fee arrangements. Henglue Family Law Team has successfully helped innocent parties secure 70% of the jointly owned assets, and can provide mediation and property rights confirmation services for cross-border divorce cases.
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When dividing marital property after divorce, the ownership and investment of the property should be considered first: pre-marital personal purchases are not subject to division, and joint repayment of loans requires compensation; jointly owned property shall be divided in accordance with Article 1087 of the Civil Code, and may be auctioned, appraised for compensation, or sold by auction.
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It is not advisable to stop repaying loans on unfinished buildings without authorization. Directly suspending repayment will damage your credit record and lead to being sued for penalty interest. Instead, you should first terminate the contract in accordance with Articles 20 and 21 of the Judicial Interpretation of the Contract for the Sale of Commercial Housing, and require the developer to retur...
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If you discover that the other party is transferring property, you should immediately fix the evidence of the transaction and apply for property preservation; according to Article 1092 of the Civil Code, you can claim a smaller share or no share at all. If you discover this after the divorce, you can sue for a redistribution of the property within three years.
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The division of family property can be resolved through negotiation, mediation, or litigation; the division of marital assets is decided in accordance with Article 1087 of the Civil Code, with a general statute of limitations of three years. It is necessary to first secure evidence of property ownership and investment contributions before choosing a resolution path.
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Cross-border inheritance often involves income tax, inheritance tax and gift tax in various countries, as well as declaration obligations. Chinese residents are required to pay income tax on their global income according to the Individual Income Tax Law. Since 2017, CRS account information has been automatically exchanged, so it's advisable to plan ahead.
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