Can a will made abroad be used for property or money in China?
A will made abroad can pass property and money in China if its form meets the law of the place where it was made, or the law of the testator's nationality or habitual residence (Law on the Application of Law to Foreign-Related Civil Relations art. 32). Heirs use it at a notary office, which issues an inheritance certificate, or at the property registry, with every statutory heir taking part. If an heir disputes the will, the notary office stops and the question goes to mediation or a court (Notarization Law art. 31(4)). The will and the other papers made abroad must be certified and translated first.
This page is for heirs holding a will made outside mainland China, and for people who made their will abroad and own property in China. The testator is the person who made the will. June Zhang has focused on family and inheritance work in China since 2012.
Is a will made abroad valid in China?
A will made abroad is valid in form in China if it meets any one of these laws: the law of the testator's habitual residence or nationality, when the will was made or at death, or the law of the place where it was made (Law on the Application of Law to Foreign-Related Civil Relations art. 32). "Form" means how the will was made: written, signed, dated, witnessed.
The effect of the will, meaning what it does and how it is read, follows the law of the testator's habitual residence or nationality, when the will was made or at death (art. 33). So a will made by someone who lived in Canada may be read under Canadian law, even for a flat in Xiamen. Estate administration in China follows Chinese law, the law of the place where the estate is (art. 34).
The full set of rules is on which country's law applies to an estate in China. What a foreign law requires, such as how many witnesses a will needs where it was signed, is a question for a lawyer in that country. June Zhang advises on Chinese law only.
How does a notary office in China use a foreign will?
A notary office in China uses a foreign will to issue a notarised inheritance certificate, the document that banks and property registries act on. The heirs hand in the original of every will the deceased made (China Notary Association, Guidance on Inheritance Notarisation, 辦理繼承公證的指導意見, art. 3(6)). For real estate, the application goes to the notary office where the property is (Notarization Law art. 25).
The Guidance checks wills on three tracks (art. 14). A will notarised in China is checked against the law and with every statutory heir. Any other will in a lawful form needs every statutory heir's written confirmation that they do not object to it. A will made abroad is confirmed under the law, regulations and the Ministry of Justice's rules (art. 14(3)).
Those Ministry of Justice rules are replies to notary offices, mostly from the 1980s and 1990s, still listed as in force. In a 1988 reply on a Hong Kong will that had been through probate, meaning a court there had confirmed it, the notary office was still told to check the content against Chinese law (〔88〕司公字第67號).
A notary office refuses to notarise a matter the parties dispute (Notarization Law art. 31(4)). For a will, it also refuses if the will is invalid or its validity cannot be confirmed, or if an heir named in the will has neither applied nor given up the inheritance (Guidance art. 15). A legatee, meaning someone left property who is not a statutory heir, applies under the same rules (art. 18).
Can the property registry act on the foreign will directly?
The property registry can register an inherited home on the will itself, with proof of death and of the family relationship; notarised papers or a court judgment can be used in their place (Implementing Rules for the Real Estate Registration Regulations art. 14). One heir can apply alone (Real Estate Registration Regulations art. 14).
All the statutory heirs still take part. Under a 2024 national notice, when a registration under a will goes ahead without a notarised certificate, all the statutory heirs check together that the will is valid and is the last will. Second-order heirs, such as siblings, need not attend when there is a first-order heir, and nor need an heir who gives up the inheritance by a notarised declaration (自然資發〔2024〕9號, item 6(1)).
These rules do not say how a registry handles a will made abroad, so ask the registry where the property is before any heir signs anything.
Bank deposits have no registry route. A bank pays out on a notarised inheritance certificate, or on a court document if the heirs dispute the deposit (People's Bank of China provisions on the Savings Regulations, 銀發〔1993〕7號, art. 40). To find the accounts, see finding a deceased parent's bank accounts and property in China.
When does a foreign will end up in court?
A foreign will ends up in court when an heir disputes it, or when the notary office cannot confirm it. Heirs who cannot agree can use a people's mediation committee or sue (Civil Code art. 1132). The case is heard where the deceased lived at death or where most of the estate is (Civil Procedure Law art. 34(3)).
A will signed outside China is a legal fact that took place abroad, so the court can treat the case as foreign-related (Supreme People's Court Interpretation (I) on the Law on the Application of Law to Foreign-Related Civil Relations art. 1(4)). Where art. 32 or 33 points to foreign law, the court finds that law: from the parties, through treaty channels or embassies, or from legal experts (Supreme People's Court Interpretation (II) on that law, art. 2).
The judgment or mediation document then does the work of the notarised certificate at the registry (Implementing Rules art. 14) and the bank (art. 40 above). How a case runs is on inheritance disputes in China.
What has to be done to the will and other papers made abroad?
Papers made abroad are certified in the country where they were made, then translated into Chinese. Powers of attorney, death certificates and proof of family ties follow the steps on documents heirs abroad need to inherit in China.
Certifying the will
A will the testator signed at home is a private document. An apostille goes only on a public document, such as a notarial act, a court document or an official certificate placed on a privately signed paper (Apostille Convention art. 1). So the will needs an official certificate in that country, such as a notary's, before an apostille can be added. Countries outside the Convention use consular legalisation; see what an apostille proves for documents used in China.
Once the testator has died, no one can sign before a notary in the testator's place. Two older Ministry of Justice replies show what notary offices have accepted:
- A will made in Canada (1991): a written statement from a witness to the will, or the testator's family doctor, that the handwriting or signature was the testator's, notarised in Canada and legalised (〔91〕司公字第43號). Canada has since joined the Apostille Convention.
- A will probated in Hong Kong (1988): the court keeps the original and issues a grant with a copy, and the notary office could ask for both to be attested by a China-Appointed Attesting Officer (〔88〕司公字第67號).
Because the Guidance asks for originals (art. 3(6)), ask the notary office early which papers it will accept for your will.
Translation and court evidence
A court needs a Chinese translation of every foreign-language document (Civil Procedure Law art. 73). If the parties dispute a translation, they choose a translation agency together, or the court chooses (Supreme People's Court Interpretation of the Civil Procedure Law art. 525). For a notary office or registry, June Zhang asks which translations it accepts before anyone pays for one.
In court, a public document formed abroad must be certified by a notary there or go through a treaty procedure, such as the apostille (Provisions on Evidence in Civil Proceedings art. 16).
What stops a foreign will in China?
Any of these can stop a foreign will at a notary office, at a registry or in court.
- An heir disputes the will. The notary office stops (Notarization Law art. 31(4)), and the matter moves to mediation or court.
- There is another will. The notary office asks for every will (Guidance art. 3(6)), and the registry checks it is the last one (2024 notice, item 6(1)). Under Chinese law the last will prevails where wills conflict (Civil Code art. 1142); see making a will for property in China.
- The will does not reach the property in China. Property a will does not deal with passes under the statutory rules (Civil Code art. 1154(5)). Whether "all my property" covers a flat in China is a question of reading the will, which follows the law art. 33 points to.
- The property was not the deceased's alone. Unless a couple agreed otherwise, half of their joint property goes to the surviving spouse first (Civil Code art. 1153). A notary office will not notarise a will that gives away property the deceased did not own (Guidance art. 15(3)).
- An heir cannot work and has no income. A will must keep a necessary share for that heir (Civil Code art. 1141), and a notary office will not act while this is disputed (Guidance art. 15(5)).
- A legatee stays silent. Under Chinese law, a legatee, such as a friend or a charity, must accept within 60 days of learning of the gift; silence counts as refusal (Civil Code art. 1124).
- The original is held elsewhere, by a court or a lawyer abroad (Guidance art. 3(6)).
If any of these apply, send a few lines about the will, where it was made, and the names of the other heirs. A conflict check comes first.
I made my will abroad and I am still alive. What should I check?
Check three things: that the will's form meets one of the laws in art. 32, that it clearly covers your property in China, and that a later will cannot withdraw it by accident (Civil Code art. 1142). None of the six forms of will in the Civil Code requires a particular language (arts. 1134 to 1139).
Name each property in China with its city, and each bank. Whether to add a separate will for China is explained on making a will for property in China. A review of an existing will against Chinese law costs from USD 1,250.
What does it cost?
For heirs holding a foreign will, the first step is a written assessment at USD 1,950: who the heirs are, which law governs the will, which route fits, and the papers each heir needs.
| Service | Fee |
|---|---|
| Written inheritance assessment for heirs abroad | USD 1,950 |
| Review of an existing will, for a testator who is alive | from USD 1,250 |
| Handling the inheritance notarisation (one estate, up to three heirs) | from USD 3,500 |
| First-instance court case over an estate | from USD 20,000 |
Notary fees, translation, apostille or legalisation, and travel outside Xiamen are charged at cost. See how the fees work.
Other questions about foreign wills
The will was already probated abroad. Is that enough in China?
The estate in China still goes through a notary office, the property registry or a Chinese court; Chinese law has no probate stage of its own. A foreign court judgment, such as one deciding a dispute over the will, has effect in China only after a Chinese court recognises it (Civil Procedure Law arts. 298 and 299; see recognition of a foreign judgment in China).
The will names an executor abroad. What can the executor do in China?
Under Chinese law the executor named in a will becomes the estate administrator (Civil Code art. 1145), and estate administration in China follows Chinese law (Law on the Application of Law art. 34). The administrator lists the estate, protects it, deals with debts and divides it under the will (Civil Code art. 1147). See what an estate administrator does in China.
Is a will made in Hong Kong or Macao treated as a foreign will?
A will made in Hong Kong or Macao is treated much like a foreign will when choosing the law: the Supreme People's Court tells courts to apply its interpretation of these rules to Hong Kong and Macao matters by analogy (Interpretation (I) art. 17). Papers from Hong Kong reach the mainland through a China-Appointed Attesting Officer, without an apostille; see documents signed in Hong Kong, Macao or Taiwan.
What if nobody can find out what the foreign law says?
If the foreign law cannot be found, or has no rule on the point, Chinese law applies (Law on the Application of Law art. 10). A party's failure to help find it is not enough on its own for the court to treat the law as unknown (Interpretation (II) art. 2).
To start, send a few lines about the will and the property in China, with the names of the other heirs. A conflict check comes first. Enquiries are answered within one working day (Beijing time; weekends and Chinese public holidays not counted).
This page explains PRC law in general terms. It is not advice on a particular will or estate.
Related reading
- Inheriting Property in China From Abroad: Steps and Fees
- Will for Property in China: How to Make One That Holds Up
- China Inheritance Documents: Checklist for Heirs Abroad
Sources
- Law on the Application of Law to Foreign-Related Civil Relations, arts. 10, 32, 33 and 34.
- Supreme People's Court Interpretation (I) on the Law on the Application of Law to Foreign-Related Civil Relations (2020 amendment), arts. 1 and 17.
- Supreme People's Court Interpretation (II) on the Law on the Application of Law to Foreign-Related Civil Relations (2023), art. 2.
- Civil Code of the People's Republic of China, arts. 1124, 1132, 1134 to 1139, 1141, 1142, 1145, 1147, 1153 and 1154.
- Notarization Law (2017 amendment), arts. 25 and 31.
- China Notary Association, Guidance on Inheritance Notarisation (2009), arts. 3, 14, 15 and 18.
- Ministry of Justice replies 〔88〕司公字第67號 (1988) and 〔91〕司公字第43號 (1991).
- Real Estate Registration Regulations (2024 revision), art. 14; Implementing Rules (2024 amendment), art. 14.
- Notice of the Ministry of Natural Resources and others on making real estate registration easier, 自然資發〔2024〕9號, item 6(1).
- People's Bank of China provisions on implementing the Savings Regulations, 銀發〔1993〕7號, art. 40.
- Civil Procedure Law (2023 amendment), arts. 34, 73, 298 and 299; Supreme People's Court Interpretation of the Civil Procedure Law (2022 amendment), art. 525; Provisions on Evidence in Civil Proceedings (2019 amendment), art. 16.
- Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague, 1961), art. 1.
Translations of Chinese law on this page are unofficial.