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Legal application of foreign inheritance

source:www.zchlhls.com  |  Release time:2024年08月03日
Foreign inheritance is different from domestic inheritance because of its special characteristics, and therefore there are differences in the applicable laws. According to the provisions of the Law of Succession, in some cases, foreign inheritance is governed by the laws of China, while in other cases, foreign laws are applicable. Therefore, for specific foreign inheritance cases, the applicable law must be determined on a case-by-case basis. Typically, they can be categorised into the following situations:
Foreign-related Inheritance
1. When a Chinese citizen inherits an estate outside China, if the estate is movable property, the law of the country (region) where the decedent is located shall apply. Specifically, the laws of the country (region) where the decedent's place of residence is located shall be applied. If the inheritance is immovable property, the law of the country (region) where the immovable property is located shall apply.

2. If a Chinese citizen inherits property from a foreigner in China, and if the inheritance is movable property, the law of the country (region) where the decedent was located shall apply. Specifically, if the decedent resided in China, Chinese law shall apply; if the decedent resided in a foreign country, foreign law shall apply. And if the inheritance is immovable property, Chinese law applies.

3. If a foreigner inherits an estate in China, and if the estate is immovable property, the law of the place where the decedent is located shall apply. Specifically, if the decedent resided in China, Chinese law shall apply; if the decedent resided in a foreign country, foreign law shall apply. If the inheritance is immovable property, Chinese law applies.

4. If a foreigner inherits the estate of a Chinese citizen outside China, the law of the place where the decedent was located applies if the estate is movable property. If the inheritance is an immovable property, the law of the country (region) where the immovable property is located shall apply.

5. When the People's Republic of China concludes treaties or agreements on inheritance issues with other countries, inheritance issues shall be handled in accordance with the provisions of the relevant agreements or treaties.