
Contents
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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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3. Intestacy 3. Intestacy
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4. Freedom of Testation 4. Freedom of Testation
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5. Maintenance 5. Maintenance
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6. Community Property between Husband and Wife 6. Community Property between Husband and Wife
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7. Joint Property 7. Joint Property
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8. Gifts (Inter Vivos) 8. Gifts (Inter Vivos)
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9. Capacity 9. Capacity
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10. Authority (Court, Notarial, or Other) 10. Authority (Court, Notarial, or Other)
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11. Invalidity of Will 11. Invalidity of Will
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12. Simultaneous Death 12. Simultaneous Death
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13. Presumption of Death 13. Presumption of Death
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14. Estate Taxes 14. Estate Taxes
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15. Administration of Estates 15. Administration of Estates
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16. Domicile/Nationality 16. Domicile/Nationality
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17. Charitable Giving 17. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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2. Applicable Law 2. Applicable Law
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3. Foreign Succession/Inheritance Orders 3. Foreign Succession/Inheritance Orders
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4. Two or More Succession or Probate Orders 4. Two or More Succession or Probate Orders
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5. Assets 5. Assets
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6. Expert Evidence 6. Expert Evidence
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7. Unity of Succession and Formalities 7. Unity of Succession and Formalities
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8. The Hague Convention 8. The Hague Convention
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9. Wills 9. Wills
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10. Domicile/Nationality 10. Domicile/Nationality
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11. Taxation 11. Taxation
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Cite
Abstract
This chapter argues that the Chinese legal system is much closer to a civil law system than to a common law system. It notes that its succession issues are principally governed by the Succession Part of the new Civil Code. Many of the more subtle legal issues arising in international succession litigation are not yet definitively resolved in China, though academic literature addressing such matters exists. The chapter emphasizes that judicial decisions are not binding precedents in China: their persuasive value on later courts can be unpredictable. This chapter then shifts to discuss the six types of will recognized under the Civil Code: notarial will, holographic will, witnessed will, audio or video recording will, oral will, and printed will. It also explicates the intestate succession which is governed by the Civil Code and the The Supreme People’s Court (SPC) Interpretation. Under the Civil Code, there are two tiers of statutory successors: (1) spouse, children, parents are at the first tier, and (2) brothers, sisters, and grandparents are in the second tier. The chapter concludes by examining the compulsory shares, community property, and the issue of the partitioning mechanism for jointly owned property.
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