Chinese Inheritance Law

Chinese inheritance law is governed by Book VI (Succession) of the Civil Code (Articles 1119-1162), which replaced the Inheritance Law of 1985. The Civil Code preserved the basic structure of the 1985 law while introducing significant reforms, including expanded forms of wills, clearer rules on compulsory portions, and improved estate administration procedures.

Statutory Succession

Statutory succession (fading jicheng) applies where the deceased left no valid will or legacy-support agreement. The Civil Code establishes an order of priority among heirs (Article 1127). The first order comprises spouse, children, and parents. The second order comprises siblings, grandparents, and maternal grandparents. Grandchildren and remoter descendants take by representation (daiwei jicheng) where their parent predeceased the decedent.

Where there is no surviving heir in the first order, the second-order heirs succeed. If there are no heirs at all, the estate escheats to the state or, in some cases, to the decedent’s collective economic organization (Article 1160). The surviving spouse is entitled to an appropriate share and, where the spouse is elderly or has contributed significantly to the marriage, may receive a larger share than the statutory division.

The principle of equal division among heirs of the same order applies. However, the court may adjust the division where: a widowed spouse made significant contributions to the estate; a disabled or minor heir lacks means of support; a parent predeceased the decedent and their descendants have needs; or an heir provided extraordinary care or contributed substantially to the decedent’s maintenance (Article 1130).

Testamentary Succession

The Civil Code recognizes six forms of testamentary disposition (Articles 1134-1139): a holographic will (zi shu yi zhu), an allograph will (dai shu yi zhu), a printed will (da yin yi zhu), a audio-visual will (lu xiang yi zhu), a notarized will (gong zheng yi zhu), and a sealed will (feng cun yi zhu). The expanded list of will forms in the Civil Code (adding printed wills and audio-visual wills) reflects modern communication practices.

All will forms, except the holographic will, require the signatures of two or more witnesses who are not heirs or other interested parties (Article 1140). The holographic will must be written entirely in the testator’s hand and signed and dated by the testator. The notarized will, previously given priority over other will forms, lost its priority status under the Civil Code: where multiple wills exist, the most recent valid will prevails regardless of form (Article 1142).

The testator must have testamentary capacity at the time of making the will. A person who lacks full civil capacity or whose capacity is limited — including mental incapacity and certain elderly conditions — cannot make a valid will (Article 1143). Wills made under fraud or duress are void. Wills may be revoked at any time before death.

Compulsory Portion

The Civil Code protects the compulsory portion (bi liu fen, 必留份) of certain heirs. The compulsory portion applies to: heirs who lack the capacity to work and have no source of income; disabled heirs; and, in certain circumstances, the surviving spouse. The compulsory portion is typically one-half of the heir’s statutory share.

The compulsory portion cannot be defeated by testamentary disposition. If the will fails to provide for compulsory portion heirs, the will is not void but is subject to reduction to the extent necessary to satisfy the compulsory portion. The compulsory portion provisions reflect the Civil Code’s policy of protecting vulnerable family members from testamentary disinheritance.

Legacy

A legacy (yi zeng, 遗赠) is a testamentary disposition that grants property to a person or entity other than a statutory heir (Article 1133). The legatee must accept the legacy within 60 days of receiving notice (Article 1124). If the legatee fails to accept within the time limit, the legacy lapses and the property passes to the residuary heir or, where there is no residuary heir, to the statutory heirs.

The legacy is subject to the compulsory portions of statutory heirs. Where the testator’s estate is insufficient to satisfy both compulsory portions and legacies, the legacies abate in proportion. The legatee is liable for the testator’s debts only up to the value of the legacy received.

Legacy-Support Agreement

The legacy-support agreement (yi zeng fu xie yi, 遗赠扶养协议) is a contractual arrangement under which the testator agrees to transfer property to a caregiver in return for support during the testator’s lifetime (Article 1158). The agreement is typically used by elderly persons without family support who wish to secure care in return for their estate.

The legacy-support agreement takes priority over testamentary and statutory succession. The caregiver must provide support in accordance with the agreement and is entitled to compensation for the value of support provided if the testator revokes the agreement. The agreement must be in writing and signed by both parties. The caregiver may be a natural person or an organization, including the recipient’s employer or a social welfare institution.

Estate Administration

The Civil Code introduced provisions on estate administration (Articles 1145-1149), a significant reform of the 1985 Inheritance Law which had no systematic estate administration framework. The estate administrator is responsible for: inventorying and managing estate assets; reporting the estate’s condition to heirs; collecting estate debts; paying estate debts and taxes; distributing the estate to entitled persons; and defending the estate in litigation.

The estate administrator is appointed by the testator in the will. Where no administrator is appointed, the heirs may select an administrator by agreement. If the heirs cannot agree, the court appoints an administrator. The administrator has the duties of a fiduciary and is liable for losses caused by breach of duty. The administrator must complete administration within three months of appointment, extendable with the heirs’ consent or court order.

The Zou Mou Case

The Zou Mou case (2021) was a landmark inheritance case decided by the Supreme People’s Court. The case addressed whether an illegitimate child had inheritance rights when the deceased had acknowledged paternity through recognition proceedings. The SPC held that children born out of wedlock have equal inheritance rights with legitimate children under Article 1071 of the Civil Code, and that the deceased’s acknowledgment of paternity created inheritance rights enforceable against the other heirs. The case established that the Civil Code’s non-discrimination principles apply fully to inheritance rights.