Contesting A Will in Beijing: Your Guide to Chinese Law

Published by:
David Johnson

Reviewed by:
Alistair Vigier
Last Modified: 2024-06-10
Are you looking at contesting a will in Beijing, China? Little has been written about how to deal with Chinese law when you live overseas.
We have lawyers to help you contest a will in China and China. Let’s say someone has property in Beijing and Vancouver, and they die.
Contesting a will in Beijing can be a complex and daunting process, especially if you are unfamiliar with the legal system in China. However, if you believe you have been unfairly treated or left out of a loved one’s will, it may be necessary to challenge the will to protect your rights and interests.
If you want to speak to a legal consultant in Beijing, you can message him on WeChat: alistairvigier or contact us.
In this article, we will discuss the steps involved in contesting a will in Beijing, including the legal grounds for challenging a will, the procedures for filing a lawsuit, and the potential outcomes of a will contest.

Contesting a Will in Beijing
In recent years, several high-profile estate litigation cases in Beijing have made headlines in the media.
One such case involved the estate of the late billionaire Wang Jianlin, who founded the Dalian Wanda Group, one of China’s largest real estate developers. After Wang died in 2018, his family members became embroiled in a legal battle over the control of his vast business empire and multi-billion dollar estate.
Another notable case involved the estate of the late artist Wu Guanzhong, whose works have sold for millions of dollars at auction. After Wu died in 2010, his widow and children were involved in a lengthy legal dispute over the ownership and distribution of his artwork and other assets.
In both of these cases and many other estate litigation cases in Beijing, the disputes often center around questions of inheritance, legitimacy, and control. The parties involved may have competing interests and conflicting interpretations of the deceased’s wishes and intentions.
Legal Grounds for Contesting a Will in Beijing
Before contesting a will in Beijing, it is vital to understand the legal grounds for challenging a will. Under Chinese law, there are several reasons why a will may be deemed invalid, including:
- Lack of capacity: If the person who made the will (known as the “testator”) did not have the mental capacity to understand the nature and consequences of their actions when they made the will, the will may be invalid.
- Undue influence: If the testator was coerced or unduly influenced by another person when making the will, the will may be invalid.
- Fraud or forgery: It may be invalid if the will was forged or fraudulently created.
- Improper execution: If the will was not executed properly, such as failing to follow the necessary formalities, the will may be invalid.
Procedures for Contesting a Will in Beijing
If you believe you have grounds to contest a will in Beijing, the first step is to consult with a qualified attorney experienced in estate law. Your attorney can help you assess the strength of your case and advise you on the best course of action.
In general, there are two ways to contest a will in Beijing: mediation or litigation. Mediation involves a neutral third party helping the parties involved in a dispute reach a settlement. Litigation involves filing a lawsuit in court and having a judge decide.
Mediation
Mediation is often used as a first step in will contests in China. It is voluntary and confidential and can be a quicker and less expensive way to resolve disputes than litigation.
If you choose to pursue mediation, your attorney will help you prepare a mediation statement outlining why you believe the will is invalid. The mediator will then schedule a meeting with the parties involved to try to settle. If a settlement is reached, the parties will sign a settlement agreement that resolves the dispute. The parties can proceed to litigation if a settlement cannot be reached.
Litigation
If mediation is unsuccessful or you pursue litigation directly, your attorney will help you file a lawsuit in the appropriate court. In Beijing, will contests are usually filed in the People’s Court of the district where the testator was domiciled.
The lawsuit must be filed within six months of the testator’s death, although this rule has some exceptions. In the lawsuit, you must provide evidence to support your claim that the will is invalid. This may include testimony from witnesses, medical records, and other documents.
Once the lawsuit is filed, the court will set a date for a hearing. At the hearing, both sides will have the opportunity to present their arguments and evidence. The judge will then decide whether the will is valid or invalid. Someone might start trying to get part of their property. You might need to hire a lawyer in Beijing and Vancouver to help. Contact us today if you need help dealing with an international will.

Disputing a Will in Beijing
Maybe someone was meant to deal with the property. However, the person fails to perform their duties under the will. In Canada, there will be someone who must distribute the estate. If that person doesn’t know how things work in China, they will have a hard time.
Since property values have increased in Beijing and Vancouver, it’s worth spending money on a lawyer to do things right. If you need help contesting a will in Beijing, contact us below. Don’t be afraid to use a lawyer.
Personal Property Is In China
The law that deals with estates in Beijing is the PRC Inheritance Law. However, whatever the law says doesn’t apply perfectly to every situation, and sometimes, complicated situations happen. Someone might have been adopted. Maybe someone got divorced and re-married. Who knows? This is why hiring a law firm is so important.
If you need to file a lawsuit in China, you will find that the laws in Beijing are very different. They do not follow the common law (British) system we use in Canada. You might be able to start your lawsuit in Vancouver or Toronto.
You can work with our lawyers in Beijing to enforce that order in a Beijing court! Or maybe it would be better to start the lawsuit in Beijing directly. Once you book a free consultation, you can get legal advice from a lawyer about these questions.
Legal Challenges to a Will in Beijing
We have seen families fall apart because of property lawsuits after someone dies. People need to decide how much money they will walk away from to protect a relationship. If someone runs away with $400,000, is there a relationship worth keeping? When a surviving spouse remarries, the money goes to the new spouse instead of the child, which can cause problems. Sometimes, it’s best to use lawsuits to fight for your rights!
Keep in mind that you will have a limited period to start a lawsuit after someone dies. You should be able to find out in the will first. Then you can see if everything happens as it was meant to. If things go wrong, it’s time to speak to a lawyer immediately. The longer you wait, the harder it will be to collect money. Once people have money in their bank accounts, they might try and hide it. Chinese people are experts at moving money around and hiding assets.
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