Frequently Asked Questions

24 2026-10

Which country's laws apply to foreign-related inheritance cases?

For foreign-related inheritance, the statutory inheritance shall be governed by the law of the habitual residence of the decedent at the time of his/her death, and the inheritance of real estate shall be governed by the law of the location of the real estate. As for the form of the will, the parties may choose one of the applicable laws, and the domestic real estate shall generally be governed by ...

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24 2026-10

Do children born through artificial insemination have the right of inheritance?

During the continuance of the marriage relationship, both parties agree that the children born through artificial insemination shall be considered legitimate children and enjoy the same right of inheritance as other children. If the artificial insemination is carried out without the consent of the husband after his death, it will be deemed controversial.

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24 2026-10

How will the court rule if one party refuses to undergo a paternity test for inheritance purposes?

If the claimant has provided the necessary evidence and the other party refuses to undergo a paternity test without providing any contrary evidence, the court may determine that the claim is valid. If the refusal is justified or the test cannot be conducted, the court shall make a judgment based on the evidence of the entire case.

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24 2026-10

How can an illegitimate child prove the parent-child relationship?

Illegitimate children may prove their parent-child relationship with evidence such as birth medical certificates, household registration, and their own acknowledgment of the fact of upbringing, and if necessary, they may take a paternity test. If the other party has no contrary evidence and refuses to take the test, the court may presume that the claim is established.

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24 2026-10

How are the property and inheritance divided in a remarried family?

In the case of a remarried family, the inheritance shall be divided first: half of the joint property shall belong to the surviving spouse, and the rest shall be inherited by the first-order heirs as the estate; stepchildren must form a support relationship, and the will shall reserve a necessary share for the particularly needy heirs.

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24 2026-10

Is it valid to verbally renounce an inheritance?

An oral renunciation of inheritance is generally invalid. According to Article 1124 of the Civil Code, the renunciation of inheritance must be made in writing before the estate is dealt with. If no statement is made, it is deemed that the heir has accepted the inheritance, and the donee must express his or her position within 60 days.

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24 2026-10

What procedures need to be completed to renounce an inheritance?

The decision to renounce the inheritance must be communicated in writing to the estate administrator or other heirs before the estate is settled, and it can be expressed to the court in litigation. However, the right to renounce the inheritance is subject to restrictions. If a person pretends to renounce the inheritance in order to evade debts, they will not be protected by law.

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24 2026-10

How many witnesses are needed to print a will?

Printing a will requires more than two witnesses, and the testator and the witnesses should sign each page and indicate the date; if there is one fewer witness or a page is not signed, the will may be invalid, and the formal defects should be rectified by making a new will.

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24 2026-10

Will abandoning and abusing the elderly result in the loss of inheritance rights?

The right of inheritance is only lost when the circumstances of abandoning and abusing the elderly are serious. Article 1125 of the Civil Code stipulates that if the heir truly repents and is forgiven by the decedent, he or she will not lose the right of inheritance. Those who support the elderly more than the heirs may be allowed to inherit a portion of the estate, but the three-year statute of l...

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24 2026-10

What should you do if your spouse cheats on you but there's not enough evidence to prove it?

What should I do if there's insufficient evidence of my spouse's infidelity? Divorce damages are limited to statutory circumstances such as bigamy and cohabitation with others, and secretly filmed or recorded evidence may be excluded. However, you can legally preserve chat and transfer records to strive for a more favorable property division in the divorce settlement.

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24 2026-10

What is the purpose of having a lawyer witness a prenuptial agreement?

What is the purpose of having a lawyer witness a prenuptial agreement? The lawyer reviews the authenticity of the intention and the legality of the content, advises on the risks of investment and debt, and formalizes the signing evidence. Article 1065 of the Civil Code stipulates that property agreements must be in writing.

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24 2026-10

What procedures do Chinese and foreign citizens need to go through to get divorced in China?

Foreign-related divorces cannot be registered at the Civil Affairs Bureau, and the parties must file a lawsuit with a Chinese court with jurisdiction. Foreign marriage certificates must be notarized, authenticated, or accompanied by additional certificates, and a Chinese translation must be provided.

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24 2026-10

Do I need to notarize the prenuptial agreement? How much does it cost?

The notarization of a prenuptial agreement is not a prerequisite for its effectiveness; it comes into effect once both parties sign it. The notarization fee is charged according to the standard announced by the notary office, typically ranging from hundreds of yuan to thousands of yuan, and may be calculated proportionally if real estate is involved.

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24 2026-10

What special protections can domestic violence victims obtain in divorce proceedings?

Domestic violence victims can apply for personal safety protection orders after divorce, claim property division and child support, and seek compensation for divorce-related damages. Police reports and injury assessments are crucial pieces of evidence in such cases.

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24 2026-10

How to avoid being "saddled with debt" during a divorce? What evidence do you need to prepare?

The joint debts of a couple are limited to three categories: joint debts signed by both spouses, daily household needs, and joint production and operation. To avoid being indebted, it is necessary to keep the transaction records of funds and maintain evidence of separation and non-beneficiary status.

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