Q&As Re Foreign-related Inheritance in Mainland China (III).
Edited Time: October 25, 2022Edited by: adminCategory: Publications
Question 3: How to determine the applicable law in statutory inheritance and definition of community property in Mainland China?
Answer: Statutory inheritance and definition of common property of the couple are closely linked to each other.
If a deceased was married, before the statutory inheritance of his/her heritage, it is necessary to define the community property. If the deceased and his/her spouse had agreed on the applicable law for community property, by choosing among the law of either party’s regular residence or nationality state, or the law of the country in which their main assets are located, then the agreed law shall apply. Otherwise, the law of their joint regular residence shall be adopted first; and if there is no joint regular residence, the law of their joint nationality state shall apply.
After the community property is defined and separated, statutory inheritance begins. The statutory inheritance of movable assets and immovable assets are governed by different laws. The regular residence of the deceased at the time of his/her decease shall apply to the inheritance of the movable assets, while the law of the country in which the immovable assets are located shall apply to immovalbe assets.