A brief introduction to PRC Succession Law

The Succession Law of the People’s Republic of China was promulgated in 1985. As in many countries, succession law determines what happens to the decedent’s personal and real property. This article introduces some common areas where disputes may arise, and explains how such cases are adjudicated by courts. According to the PRC succession law, succession may be testate or intestate, depending on whether there is a valid will left by the decedent. If the decedent has left a valid will, the succession will be testate.

How can we determine the validity of a will? First, the will must be in line with public order and fine custom. This rule was followed by the court in a well-known case in Sichuan. The decedent made a will leaving all his assets to his unmarried sexual partner, but not to his wife. After the man’s death, his wife initiated a legal action claiming the right to inherit his assets. Finally, the court annulled the man’s will, taking the view that it was in violation of the public order and fine custom.

The will must also be in statutory form. The succession law specifies five different type of wills, namely notarial will, holograph will (a will written by the testator), allograph will (a will written by others and signed by the testator), sound-recording will and nuncupative (oral) will. For the last three types, the wills must be witnessed by two or more people, and comply with other formalities, failing which the wills may be unenforceable.

Gao Xing is a partner at Boss & Young