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How to find a senior lawyer in Shanghai who handles inheritance of Chinese heritage

上海房产律师_上海离婚律师-资深律师专业可靠时间:2025-07-01 23:06:55阅读:0

We are a professional team of senior lawyers dealing with foreign inheritance.

We are a professional team of senior lawyers dealing with inheritance of foreigners. The lawyers involved in inheritance of Chinese heritage have a wide range of businesses, covering legal consultation, procedural agency, dispute resolution, cross-border coordination and other links, aiming to help heirs complete the inheritance distribution efficiently and legally. The following is a classification analysis of specific business content:

1、 Legal Consultation and Scheme Design


Analysis of the Application of Inheritance Law

Determine the applicable law based on the location of the estate (within/outside China), the nationality of the heir, the form of the will, etc. (such as the inheritance section of the Civil Code of China, foreign inheritance laws, or international conventions).

Example: If the inheritance includes Chinese real estate and US bank accounts, it is necessary to analyze the differences in inheritance rules for real and movable property under the laws of the two countries.

Inheritance eligibility and share evaluation

Confirm the scope of heirs (legal heirs/testamentary heirs), inheritance order, and rightful share, and handle special circumstances such as multiple heirs, substitution inheritance, and widowed daughter-in-law/son-in-law inheritance.

Example: Calculate the equal inheritance rights of illegitimate children, adopted children, and legitimate children.

Heritage List and Value Assessment

Assist in sorting out inheritance types (real estate, equity, deposits, artworks, digital assets, etc.), evaluating market value, and providing a basis for subsequent distribution.

Example: Cross border valuation of equity in overseas listed companies, or confirmation of the feasibility of inheriting virtual currencies such as Bitcoin.

Tax Planning and Compliance

Analyze the taxes and fees involved in the inheritance process (such as inheritance tax, personal income tax, deed tax), and design a legal tax saving plan.

Example: Using the China US tax treaty to avoid double taxation, or reducing inheritance tax burden through trust structures.


2、 Inherit Program Proxy


Confirmation of the Validity of Wills

Review the legality of the form of a will (such as whether it is notarized, witness qualifications), and handle disputes over self written wills, proxy written wills, and recorded wills.

Example: Confirm the legal validity of overseas wills within China, or apply for judicial confirmation of invalid wills.

Notarization of Inheritance Rights and Litigation

Notarization procedure: Apply for a public certificate of inheritance on behalf of the agent, coordinate with the notary office to verify the estate (such as property registration, bank account inquiry).

Litigation procedure: filing a lawsuit for disputed inheritance cases, including estate division, revocation of will, denial of heirs' qualifications, etc.

Example: suing heirs who conceal their inheritance, or applying for handwriting authentication to verify the authenticity of a will.

Heritage Management and Execution

Serve as the estate manager, responsible for estate preservation, debt repayment, distribution plan execution, etc., ensuring procedural transparency and compliance.

Example: Manage overseas inheritance accounts and transfer funds to heirs according to court rulings.


3、 Cross border Inheritance Special Service


Coordination of International Legal Conflicts

Dealing with conflicting provisions on inheritance in different countries' laws (such as "separate system" and "same system"), and selecting the optimal legal application plan.

Example: British estates are treated according to the "division system", with immovable property subject to the law of the place of residence and movable property subject to the national law of the deceased's nationality, requiring separate communication with lawyers from both countries.

Overseas notarization and document translation

Assist in obtaining consular authentication or Hague Convention authentication for overseas death certificates, proof of kinship, wills, and other documents.

Example: Translate and authenticate the inheritance judgment issued by the US court, and use it for property transfer in China.

Thawing and Recovery of Cross border Assets

Coordinate with overseas banks, securities companies, and other financial institutions to unfreeze frozen legacy accounts or recover hidden overseas assets.

Example: Applying to a Swiss bank for disclosure of deceased customer account information through international judicial assistance.

Foreign Marriage and Immigrant Inheritance

Dealing with the division of inheritance in cross-border marriages (such as the distinction between joint property and personal property of Chinese and American spouses), or inheritance issues related to immigration status.

Example: Recognition of inheritance rights for US green card holders in Chinese estates, or restrictions on the disposal of properties within Australia by permanent residents.


4、 Special type of heritage treatment


Family businesses and equity inheritance

Design a plan for equity inheritance, coordinate conflicts between the company's articles of association and inheritance laws, and avoid the dispersion of corporate control.

Example: Holding equity through a family trust or signing a concerted action agreement to ensure the stability of the enterprise.

Inheritance of Digital Heritage

Dealing with the inheritance issues of new legacies such as social media accounts, emails, virtual currencies, and online gaming assets.

Example: negotiate with Tencent, Alibaba and other platforms to transfer the Alipay balance or WeChat account of a deceased user.

Inheritance of cultural relics and artworks

Assist in handling cultural relics export permits, art valuation, and inheritance registration, and address cultural sensitivity issues.

Example: Conduct a legality review of returned cultural relics from overseas, or coordinate auction houses to monetize the heritage.


5、 Dispute Prevention and Family Governance


Will making and supervision

Draft a legal and valid will, provide witness and notarization services, and regularly update the will to adapt to changes in the family.

Example: Establishing a "testamentary trust" for high net worth clients to achieve gradual distribution of inheritance according to conditions.

Family wealth inheritance planning

Design a long-term wealth inheritance plan that combines inheritance, taxation, trust and other tools to reduce disputes among future generations.

Example: Establishing an offshore family trust to isolate overseas assets from personal debts of heirs.

Negotiation and mediation of heirs

Organize a meeting of heirs to reach a settlement through non litigation means, reducing the impact of family conflicts on inheritance distribution.

Example: introducing a third-party mediator to coordinate the differences between brothers and sisters in the distribution of their parents' heritage.


6、 Typical case scenario


Scenario 1: After immigrating to the United States, a Chinese person passed away, leaving behind Chinese property and US stocks. It is necessary to coordinate with lawyers from both countries to complete the inheritance.

Scenario 2: In a remarried family, there is a dispute over the distribution of inheritance between the children of the previous marriage and the current spouse, and it is necessary to clarify the share through litigation.

Scenario 3: After the death of an entrepreneur, the inheritance of company equity triggers a struggle for control, requiring the design of an equity inheritance and governance structure.

Scenario 4: The holder of digital currency suddenly passes away, and their family members are unable to access the wallet. They need to recover the assets through technical means and legal procedures.


Advice on choosing a lawyer


Professional matching: Priority should be given to lawyers with experience in foreign-related inheritance, family trusts, and tax planning.

Resource Network: Confirm whether lawyers can coordinate third-party services such as overseas notaries, tax consultants, and translators.

Case verification: Require lawyers to provide judgments or client evaluations similar to successful cases.

Cost transparency: Clearly define the charging model (such as hourly billing, fixed fees, or risk agents) to avoid implicit costs.


Through the above services, lawyers can help heirs avoid legal risks, reduce tax expenses, maintain family harmony, and achieve smooth inheritance of inheritance.