Chinese WillUpdated on Tuesday 19th April 2016
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A person can write a will throughout his of her lifetime, deciding upon the inheritance for his/her relatives. The will must be recognized by a legal entity and our law firm in China can present to you the procedure by which a will becomes a legal document.
Succession, decided Through the Will
A Chinese citizen can write a testament in which he or she can decide who will receive the inheritance and who his successors are. The citizen has the right to leave his inheritance to the state, or to donate it for a certain purpose, even if he or she may have successors who can be entitled to the inheritance. When writing the will, the citizen must contact a testamentary executor, who can validate the testament. Our lawyers in China can explain to you all the legal provisions of the Chinese will, if you are interested to write a testament.
Notarizing the Will in China
The testator must handwrite the document, sign it and date it; he or she must also be witnessed by at least two persons. Chinese law also offers the possibility of a sound recorded will, which also has to be witnessed. These actions must be performed under the surveillance of a notary agency.
If the person wanting to leave a will is not in the physical condition to perform this action, he can make a nuncupative will (transmitted verbally), which also needs to be witnessed. Our attorneys in China can give you further details on how this type of will can become legally recognized.
It is not acceptable that the following persons witness the notarizing of a will:
• persons who have limited capacity or no capacity,
• persons who will become the successors;
• citizens who have related interests with those of the successors.
In case the testator imposes certain obligations to the successors in order for them to receive the ownership of the inheritance, they must perform them; if not, they can’t be entitled to the inheritance.
If you are interested in the matters of the Chinese will, our law firm in China can provide all the relevant information about this subject. Please contact our lawyers in China, who can offer you legal representation on matters such as inheritance in China or on Chinese testament.