DetailsWho can inherit in China if a person dies intestate?
The estate of the decedent shall be inherited in the following order: a. First in order: spouse, children, parents; b. Second in order: brothers and sisters, paternal grandparents, maternal grandparents; When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.
The ¡°children¡± referred to in China Inheritance Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent. The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent. The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.
How is a will made in China?
There are five types of will in China. A notarial will is one made by a testator through a notary agency. A testator-written will is one made in the testator's own handwriting and signed by him, specifying the date of its making. A will written on behalf of the testator shall be witnessed by two or more witnesses, of whom one writes the will, dates it and signs it along with the other witness or witnesses and with the testator. A will made in the form of a sound-recording shall be witnessed by two or more witnesses. A testator may, in an emergency situation, make a nuncupative will, which shall be witnessed by two or more witnesses. When the situation is over and if the testator is able to make a will in writing or in the form of a sound-recording, the nuncupative will he has made shall be invalidated.
How will the wills be handled if there is more than one will?
A testator may revoke or alter a will he previously made. Where several wills that have been made conflict with one another in content, the last one shall prevail. A notarized will may not be revoked or altered by a testator-written will, a will written on behalf of the testator, a will in the form of a sound recording or a nuncupative will.