Inheritance & Estates
Partner-led advice from Shanghai, with client liaison through our London office, for foreign and overseas-based heirs claiming bank deposits, real estate and company shares in China — without needing to travel.
When a family member dies leaving assets in mainland China — bank deposits, an apartment, shares in a Chinese company — succession is governed primarily by the PRC Civil Code, in force since 1 January 2021. Statutory heirs in the first order are the spouse, children and parents. A valid will can vary that order, but Chinese law recognises only specific will forms, and banks and registries scrutinise them closely.
Where the deceased or the heirs are foreign, China's Law on the Application of Laws to Foreign-Related Civil Relations determines which country's law applies: in statutory (intestate) succession, movable assets such as bank deposits follow the law of the deceased's habitual residence at death, while immovable property in China is governed by Chinese law; the form and validity of a will are subject to separate conflict rules. Settling this analysis at the outset shapes every later step of the estate.
In practice, most undisputed estates are administered through inheritance notarisation before a Chinese notary office; where heirs disagree or key documents are missing, confirmation by a Chinese court is the alternative route. We prepare the apostilled and translated foreign documents, act under power of attorney so heirs need not travel to China, and handle each stage on a partner-led basis from Shanghai, with client liaison through our London office.
We identify the Chinese assets, the heirs and any will, and determine which law governs each asset class under the Law on the Application of Laws to Foreign-Related Civil Relations — the foundation for choosing the right procedural route.
For undisputed estates, we prepare the full document set, draft declarations of inheritance or renunciation, and attend the Chinese notary office to obtain the inheritance notarial certificate that banks and registries require.
Where heirs dispute the estate, a will is challenged or documents are lacking, we conduct succession proceedings in the Chinese courts and use the resulting judgment to transfer the assets. Prospects are assessed case by case.
We specify exactly which kinship, death and marriage certificates you need, guide apostille under the Convention in force for China since 7 November 2023, and arrange certified Chinese translations accepted by notaries and courts.
We handle the release of bank deposits, real-estate title transfer or sale, and company share transfer registration, then assist with the lawful foreign-exchange remittance of proceeds to heirs abroad.
Where an English probate or estate dispute involves Chinese assets, we act as Chinese law expert witness, providing reasoned opinions on PRC succession law for use in foreign court proceedings.
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Send us an outline of the assets, the family position and the documents you hold. We reply within one business day with a preliminary view on the governing law and the realistic route — notarisation or court.
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We list the certificates required, you obtain apostilles in your home country, and you sign a power of attorney so that we can act for you in China without your travelling.
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We pursue the inheritance notarial certificate for undisputed estates, or conduct court proceedings where heirs disagree or evidence is incomplete, keeping you informed at each stage.
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With the notarial certificate or judgment in hand, we complete the bank release, title or share transfer, and assist with the lawful remittance of proceeds to your account abroad.
Yes — a foreign citizen can inherit assets in mainland China, including real estate, bank deposits and company shares, on essentially the same footing as a Chinese heir. Under the PRC Civil Code, in force since 1 January 2021, first-order statutory heirs are the spouse, children and parents. The practical challenge is usually evidential: proving your entitlement to Chinese notaries, banks and registries with properly apostilled and translated documents.
Different laws can apply to movables and immovables. In statutory (intestate) succession, China's Law on the Application of Laws to Foreign-Related Civil Relations subjects movable assets such as bank deposits to the law of the deceased's habitual residence at death, while immovable property in China is governed by Chinese law. The form and validity of a will are subject to separate conflict-of-laws rules, and in practice transferring a Chinese apartment always follows Chinese notarial and registration procedures. The analysis is fact-sensitive and should be settled at the outset.
In most cases, no — you can authorise a Chinese lawyer to act for you under a power of attorney signed in your home country, notarised and apostilled. We then attend the notary office, banks, real-estate registry and company registry on your behalf. Personal attendance is occasionally requested by a notary or court and is assessed case by case, but a straightforward estate can usually be completed without travelling to China.
No — China currently has no inheritance or estate tax, so inheriting Chinese assets does not itself trigger a Chinese death duty. Transaction taxes and fees may, however, arise when inherited real estate is later sold, and your home jurisdiction may tax the estate or the inheritance — for example, UK inheritance tax can apply to the worldwide assets of a deceased person who was a long-term UK resident. We advise on the Chinese position and coordinate with your home-country tax advisers.
Typically you need the death certificate, documents proving kinship (birth and marriage certificates), your passport, any will, and a power of attorney if a lawyer acts for you. Since the Apostille Convention entered into force for China on 7 November 2023, public documents from member states need only an apostille rather than consular legalisation. All foreign documents must be translated into Chinese by a recognised agency; we review the full set before submission to avoid rejections.
The estate can then be resolved through the Chinese courts: a judgment confirming inheritance rights takes the place of a notarial certificate and binds banks and registries. Notary offices will generally not issue an inheritance certificate where heirs dispute the estate or the documentary chain is incomplete, so litigation becomes the practical route. Prospects depend on the evidence and must be assessed case by case; the general three-year limitation period under article 188 of the Civil Code can affect related claims, so early advice is prudent.
Describe the background and what you want to achieve. We will assess the position under Chinese law and reply within one business day.
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