Estate Planning · China (Mainland)
Wills & Inheritance Planning · China (Mainland)
PRC Civil Code 2021 opens video wills — dual-will planning for Thai families with Mainland assets.
AI Quick Answer · Speakable
China's 2021 Civil Code rewrote inheritance law: printed, audio and video wills are now valid, the notary will no longer automatically overrides other forms, and the most recent will prevails. Estate tax remains unenacted despite decade-long drafts, but a 3–5% deed tax applies on property transfer. A notarised will (公证遗嘱) remains the safest instrument for Mainland-situs real estate.
Quick facts
- Succession law: PRC Civil Code 2021, Book VI (Succession).
- Forced heirship: 'Necessary portion' (必留份) protects incapacitated heirs without income; courts may adjust — softer than French or German models.
- Accepted will formats: Handwritten, witnessed, notarised, printed (2020 addition), audio/video (2020), oral (emergency only).
- Inheritance tax: Not yet enacted despite drafts since 2010. Property transfer attracts 3–5% deed tax (契税).
- Probate timeline: 6–18 months — notary phase 2–3 months plus 2–4 months for property re-registration.
- Treaty position: China-Thailand income tax treaty 1986. No estate treaty.
- Package fee: From THB 60,000 — bundled Chinese will plus Thai will plus Mandarin certified translation.
Key risk for Thai nationals & expats
Notary wills no longer trump handwritten ones (2021 change) — the latest valid will wins. Community property presumption applies to marital assets unless a prenup is in place.
Probate process in China (Mainland)
Notary office verifies the will; property registration centre effects transfer; disputes escalate to court.
Recommended strategy
1) Execute a notarised will (公证遗嘱), apostilled and Thai-translated. 2) Sign a Chinese prenuptial agreement to displace community property. 3) Nominate life insurance beneficiaries — outside estate.
Six-step dual-will pipeline
- 1
Global asset inventory
Catalogue every asset in China (Mainland), Thailand and any third jurisdiction. Classify by situs and beneficiary designation.
- 2
Domicile & tax-residency audit
Determine China (Mainland) domicile status and residency threshold; assess Not yet enacted despite drafts since 2010.
- 3
Draft dual will (Thai + China (Mainland))
Draft a China (Mainland) will (Handwritten, witnessed, notarised, printed (2020 addition), audio/video (2020), oral (emergency only)) alongside a Thai will with a mutual non-revocation clause covering Thai-situs assets.
- 4
Choice-of-law & forced-heirship strategy
'Necessary portion' (必留份) protects incapacitated heirs without income; courts may adjust — softer than French or German models. · Primary defensive move: 1) Execute a notarised will (公证遗嘱), apostilled and Thai-translated.
- 5
Execute & legalise
Sign both wills before appropriate witnesses/notaries · Apostille or embassy legalisation between jurisdictions · secure originals with NYC Visa & Translation and a trusted third party.
- 6
Review every 3–5 years
Update on any material change (marriage, birth, asset sale, tax reform) and monitor legislative shifts (e.g. Swiss 2023, UK 2025).
Other jurisdictions we cover
FAQ · China (Mainland)
Does China (Mainland) enforce forced heirship?
'Necessary portion' (必留份) protects incapacitated heirs without income; courts may adjust — softer than French or German models.
Which will formats are recognised in China (Mainland)?
Handwritten, witnessed, notarised, printed (2020 addition), audio/video (2020), oral (emergency only).
What does the China (Mainland) probate process look like?
Notary office verifies the will; property registration centre effects transfer; disputes escalate to court.
How is inheritance tax calculated in China (Mainland)?
Not yet enacted despite drafts since 2010. Property transfer attracts 3–5% deed tax (契税).
Is there a Thailand-China (Mainland) estate-tax treaty?
China-Thailand income tax treaty 1986. No estate treaty.
How long does probate in China (Mainland) take?
6–18 months — notary phase 2–3 months plus 2–4 months for property re-registration.
What is the package fee starting point?
From THB 60,000 — bundled Chinese will plus Thai will plus Mandarin certified translation.. Final quotation confirmed after asset review and dual-will scoping.
What is the top risk for a Thai national or expat?
Notary wills no longer trump handwritten ones (2021 change) — the latest valid will wins. Community property presumption applies to marital assets unless a prenup is in place.
What is the recommended dual-will strategy?
1) Execute a notarised will (公证遗嘱), apostilled and Thai-translated. 2) Sign a Chinese prenuptial agreement to displace community property. 3) Nominate life insurance beneficiaries — outside estate.
Is a Thai-signed will enforceable in Shanghai?
Yes if formally valid under Thai law and the testator is Thai (China follows the nationality rule). Practical enforcement requires notarisation abroad plus embassy or Apostille legalisation.
How do I transfer a Beijing apartment to a Thai heir?
The Real Estate Registration Center accepts either a notarised will or a court judgment. Prepare notarised translation, embassy or Apostille legalisation, and pay 3% deed tax on transfer.
Where can I book a consultation?
Contact NYC Visa & Translation — call 083-249-4999 · LINE @NYC168 · email contact@ilc.ltd. Discovery call is complimentary; formal opinions billed after scoping.