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What are the legal issues involved in foreign inheritance?
source：www.zchlhls.com | Release time：2024年08月03日What are the legal aspects of foreign inheritance?
Foreign inheritance has the following characteristics:
1. Foreign inheritance has at least one foreign element.
2. Foreign inheritance is mainly regulated indirectly through the conflicting norms of private international law.
3. Foreign inheritance cases are subject to exclusive jurisdiction. In China, foreign-related inheritance cases are under the exclusive jurisdiction of the people's courts of the place where the immovable property is located, the place where the decedent was domiciled at the time of his death, and the place where the main estate is located.
The procedure for foreign-related inheritance is as follows:
1. According to the provisions of the Law of Succession, foreign-related inheritance notarisation refers to notarial matters involving at least one of the three elements of the legal relationship of inheritance, namely, the decedent, the heir and the estate, which involves foreign factors.
2. According to Article 36 of the Law of Succession and the relevant provisions of the Ministry of Justice, notary public offices with jurisdiction can handle foreign inheritance notarisation for the parties concerned in the following cases:
(1) The party concerned applies for inheritance of movable property of a Chinese citizen residing in China or a foreigner outside China;
(2) The parties apply for succession of movable or immovable property in China of a foreigner residing in China;
(3) parties applying to inherit immovable property in China of a foreigner residing abroad.
In order to comply with the legal requirements, notary publics will not provide a notarial certificate of inheritance in the following cases.
Instead, depending on the circumstances, they will provide the parties with a certificate of kinship with the decedent, a certificate of marriage or a certificate of birth of the parties concerned. These certificates will be sent abroad and the inheritance will be regulated according to the law of the place where the decedent is located or where the decedent's real estate is located. Such cases include:
(1) The parties need to inherit the immovable property of a Chinese citizen or a foreigner who is outside the country;
(2) The parties need to inherit the movable property of a Chinese citizen or a foreigner residing outside the country who is outside the country;
(3) The person concerned needs to inherit the movable property of a foreigner residing abroad within the territory of China. For the application of notary public for foreign-related inheritance, all the heirs should submit the application to the same notary organ. If some parties are working abroad or overseas and cannot come in person, they can entrust their relatives or friends to do it on their behalf and prepare a power of attorney for the process. The power of attorney needs to be notarised and certified by a notary public in the party's place or country of residence, as well as by the Chinese Embassy or Consulate abroad. For parties in Hong Kong, the notarisation should be done by a Hong Kong lawyer appointed by the Ministry of Justice. If there are heirs who renounce their inheritance rights, they need to provide the notary with a qualified "Declaration of Renunciation of Inheritance Rights".
When applying for a notarisation of foreign inheritance rights, the parties concerned need to fill in the notarisation application form and submit the following documents and materials.
1. Proof of identity of the person concerned, including work permit, resident's identity card, household registration book, etc. If the person concerned is a minor, a mental patient or a person with mental illness, he/she must submit the following documents If the person concerned is a minor, a mental patient or a deaf-mute, a guardian is required to apply on his/her behalf. At the same time, the guardian is required to provide his/her own identification and proof of his/her relationship with the person concerned. If the application is entrusted to another person, a notarised power of attorney and proof of the agent's identity must also be submitted.
2. Death certificate of the decedent. If the decedent died abroad, a notarised and certified death certificate or other relevant documents must be submitted. If the death occurred in China, a death certificate issued by a hospital or a certificate of cancellation of household registration issued by the police station where the decedent's household registration was located before his/her death must be submitted. If there is no such proof, the cremation certificate must also be submitted. In the case of an early death for which no direct evidence can be provided, the case may be based on photographs of the deceased's tombstone, obituaries and other evidence sufficient to prove the death, with testimony from two or more people who knew the death. If the decedent was declared dead, the People's ** Announcement on the Declaration of Death of Missing Persons must also be submitted.
3. Proof of the property rights of the decedent's estate, including the certificate of ownership of the house or deed, bank deposit slips, securities and other relevant materials.
4. if the decedent had made a will before his/her death, the person concerned shall submit the original will. If the will was made abroad, it must be authenticated by the embassy or consulate of the country.
5. Proof of the relationship between the person concerned and the decedent, such as a marriage certificate or a certificate of adoption to prove that the person concerned and the decedent were husband and wife or adoptive parents and adoptive children. A certificate of kinship issued by the personnel department of the unit in which the decedent lived may also be provided, indicating in particular whether or not the heir fulfilled his or her obligation to support, maintain or alimony the deceased during his or her lifetime.
6. If a subrogated heir applies for a public deed, the heir must provide a certificate of kinship.
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