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.
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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 083-2494999 · LINE @NYC168 · email contact@nyclegal.co.th. Discovery call is complimentary; formal opinions billed after scoping.
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Official sources
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- สำนักงานตรวจคนเข้าเมือง — วีซ่า รายงานตัว 90 วัน TM.30— Immigration Bureau
- กรมการปกครอง — ทะเบียนราษฎร ทะเบียนครอบครัว— Department of Provincial Administration
- สภาทนายความในพระบรมราชูปถัมภ์ — ทนายความผู้ทำคำรับรองลายมือชื่อและเอกสาร— Lawyers Council of Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
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Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.