China IP Law Blog

Every week, Chinese notary offices and registration centers encounter situations like this: Mr. Wang and his wife jointly owned an apartment in Hongze, Jiangsu Province. After his wife’s passing, Mr. Wang needed to register the inheritance of her share of the property. However, their children have been living and working in Portugal for years and cannot easily return to China. Feeling uncertain and overwhelmed, Mr. Wang didn’t know where to begin. This scenario reflects the experience of many overseas Chinese families today. While parents remain in China, their children have settled abroad—in countries such as the United States, Canada, Australia, Portugal, and others. When a parent passes away leaving real estate behind, heirs often face multiple challenges: difficulty traveling back to China, uncertainty about how to start the inheritance process, and confusion over the necessary documents. A common, yet often unspoken concern is: “Having acquired foreign citizenship, can I still

Author’s Preface As global mobility continues to reshape family dynamics, an increasing number of individuals hold foreign nationality or permanent residency while maintaining family ties and property in mainland China. When a loved one passes away, these individuals often face the challenge of navigating two legal systems simultaneously—grappling with their loss while trying to understand how Chinese law governs assets such as a Shanghai apartment, Shenzhen bank accounts, family business shares, or rural land-use rights. Common questions we encounter include: “Can I inherit as a foreign national?” “Must I travel to China for every step?” “Why does the notary request additional documents?” “Will I be subject to taxes?” “Is it possible to transfer the inherited assets abroad?” Generally, the answers are reassuring: foreign nationals have inheritance rights in China comparable to Chinese citizens; there is currently no inheritance or estate tax in mainland China; and there are lawful procedures to