Q&As Re Foreign-related Inheritance in Mainland China (I).
Edited Time: October 17, 2022Edited by: adminCategory: Publications
Question 1: How to determine the applicable law in foreign-related inheritance in China?
Answer: For foreign-related inheritance in Mainland China, the laws of the regular residence of the ancestor at the time of his/her decease shall apply. However, for the legal inheritance of immovable assets, the laws of the country or territory in which the immovable assets are located shall apply.
In determining the regular residence, a place where a natural person has continuously resided for more than one year at the time when a foreign-related civil relation takes place, is changed or terminated and takes such place as his/her life center may be held as the regular residence of the natural person, except for circumstances such as seeking medical treatment, labor dispatch or business trips.