CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II STATUTORY SUCCESSION

CHAPTER III TESTAMENTARY SUCCESSION AND LEGACY

CHAPTER IV DISPOSITION OF THE ESTATE

CHAPTER V SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1. This Law is enacted pursuant to the provisions of the Constitution of the People’s Republic of China with a view to protecting the right of citizens to inherit private property.

Article 2. Succession opens on the death of a decedent.

Article 3. Estate denotes the lawful property of a citizen owned by him personally at the time of his death, which consists of:

(1) his income;

(2) his houses, savings and articles of everyday use;

(3) his forest trees, livestock and poultry;

(4) his cultural objects, books and reference materials;

(5) means of production lawfully owned by him;

(6) his property rights pertaining to copyright and patent rights; and

(7) his other lawful property.

Article 4. Personal benefits accruing from a contract entered

into by an individual are inheritable in accordance with the

provisions of this Law. Contracting by an individual, if permitted

by law to be continued by the successor, shall be treated in

accordance with the terms of the contract.

Article 5. Succession shall, after its opening, be

handled in accordance with the provisions of statutory succession;

where a will exists, it shall be handled in accordance with

testamentary succession or as legacy; where there is an agreement

for legacy in return for support, the former shall be handled in

accordance with the terms of the agreement.

Article 6. The right to inheritance or legacy of a competent

person shall be exercised on his behalf by his statutory agent.

The right to inheritance or legacy of a person with limited capacity

shall be exercised on his behalf by his statutory agent or by such

person himself after obtaining the consent of his statutory agent.

Article 7. A successor shall be disinherited upon his commission

of any one of the following acts:

(1) intentional killing of the decedent;

(2) killing any other successor in fighting over the estate;

(3) a serious act of abandoning or maltreating the decedent; or

(4) a serious act of forging, tampering with or destroying the will.

Article 8. The time limit for institution of legal

proceedings pertaining to disputes over the right to inheritance is

two years, counting from the day the successor is or should be

aware of the violation of his right to inheritance. No legal

proceedings, however, may be instituted after the expiration of a

period of 20 years from the day succession opens.

CHAPTER II STATUTORY SUCCESSION

Article 9. Males and females are equal in their right to

inheritance.

Article 10. The estate of the decedent shall be inherited

in the following order:

First in order: Spouse, children, parents.

Second in order: Brothers and sisters, paternal grand parents,

maternal grand-parents.

When succession opens, the successor(s) first in order shall inherit

to the exclusion of the successor(s) second in order. The

successor(s) second in order shall inherit in default of any successor

first in order.

The " children " referred to in this Law include legitimate

children, illegitimate children and adopted children, as well as

stepchildren who supported or were supported by the decedent.

The " parents " referred to in this Law include natural

parents and adoptive parents, as well as step-parents who supported

or were supported by the decedent.

The " brothers and sisters " referred to in this Law include blood

brothers and sisters, brothers and sisters of half blood,

adopted brothers and sisters, as well as step-brothers and

step-sisters who supported or were supported by the decedent.

Article 11. Where a decedent survived his child, the direct

lineal descendants of the predeceased child shall inherit in

subrogation. Descendants who inherit in subrogation generally shall

take only the share of the estate their father or mother is entitled to.

Article 12. Widowed daughters-in-law or sons-in-law who have

made the predominant contributions in maintaining their

parents-in-law shall, in relationship to their parents-in-law, be

regarded as successors first in order.

Article 13. Successors same in order shall, in general,

inherit in equal shares.

At the time of distributing the estate, due consideration shall be

given to successors who are unable to work and have special financial

difficulties.

At the time of distributing the estate, successors who have

made the predominant contributions in maintaining the decedent or

have lived with the decedent may be given a larger share.

At the time of distributing the estate, successors who had the

ability and were in a position to maintain the decedent but

failed to fulfil their duties shall be given no share or a smaller

share of the estate.

Successors may take unequal shares if an agreement to that

effect is reached among them.

Article 14. An appropriate share of the estate may be given to a

person, other than a successor, who depended on the support of the

decedent and who neither can work nor has a source of income, or to

a person, other than a successor, who was largely responsible for

supporting the decedent.

Article 15. Questions pertaining to succession should be

dealt with through consultation by and among the successors in the

spirit of mutual understanding and mutual accommodation, as well as

of amity and unity. The time and mode for partitioning the estate

and the shares shall be decided by the successors through

consultation. If no agreement is reached through consultation, they

may apply to a People’s Mediation Committee for mediation or

institute legal proceedings in a people’s court.

CHAPTER III TESTAMENTARY SUCCESSION AND LEGACY

Article 16. A citizen may, by means of a will made in

accordance with the provisions of this Law, dispose of the property he

owns and may appoint a testamentary executor for the purpose.

A citizen may, by making a will, designate one or more of the

statutory successors to inherit his personal property.

A citizen may, by making a will, donate his personal property to the

state or a collective, or bequeath it to persons other than

the statutory successors.

Article 17. A notarial will is one made by a testator through a

notary agency.

A testator-written will is one made in the testator’s own

handwriting and signed by him, specifying the date of its making.

A will written on behalf of the testator shall be witnessed by two

or more witnesses, of whom one writes the will, dates it and signs

it along with the other witness or witnesses and with the testator.

A will made in the form of a sound-recording shall be witnessed by

two or more witnesses.

A testator may, in an emergency situation, make a nuncupative will,

which shall be witnessed by two or more witnesses. When the

emergency situation is over and if the testator is able to make a

will in writing or in the form of a sound-recording, the

nuncupative will he has made shall be invalidated.

Article 18. None of the following persons shall act as a

witness of a will:

(1) persons with no capacity or with limited capacity;

(2) successors and legatees; or

(3) persons whose interests are related to those of the

successors and legatees.

Article 19. Reservation of a necessary portion of an estate

shall be made in a will for a successor who neither can work nor

has a source of income.

Article 20. A testator may revoke or alter a will he previously

made.

Where several wills that have been made conflict with one

another in content, the last one shall prevail.

A notarial will may not be revoked or altered by a testator-written

will, a will written on behalf of the testator, a will in the

form of a sound-recording or a nuncupative will.

Article 21. Where there are obligations attached to

testamentary succession or legacy, the successor or legatee shall

perform them. Those who fail to perform the obligations without

proper reasons may, upon request by a relevant organization or

individual, entail nullification of his right to inheritance by a

people’s court.

Article 22. Wills made by persons with no capacity or with

limited capacity shall be void.

Wills shall manifest the genuine intention of the testators;

those made under duress or as a result of fraud shall be void.

Forged wills shall be void.

Where a will has been tampered with, the affected parts of it shall be

void.

CHAPTER IV DISPOSITION OF THE ESTATE

Article 23. After the opening of succession, a successor

who has knowledge of the death of the decedent should promptly

notify the other successors and the testamentary executor. If none

of the successors know about the death of the decedent, or if

there is no way to make the notification even though his death is

known, the organization to which the decedent belonged before his

death or the residents’ committee or villagers’ committee at his

place of residence shall make the notification.

Article 24. Any one who has in his possession the property

of the decedent shall take good care of such property and no one

is allowed to misappropriate it or contend for it.

Article 25. A successor who, after the opening of succession,

disclaims inheritance should make known his decision before the

disposition of the estate. In the absence of such an indication, he is

deemed to have accepted the inheritance.

A legatee should, within two months from the time he learns of the

legacy, make known whether he accepts it or disclaims it. In the

absence of such an indication within the specified period, he is

deemed to have disclaimed the legacy.

Article 26. If a decedent’s estate is partitioned, half of the

joint property acquired by the spouses in the course of their

matrimonial life shall, unless otherwise agreed upon, be first

allotted to the surviving spouse as his or her own property; the

remainder shall constitute the decedent’s estate.

If the decedent’s estate is a component part of the common property

of his family, that portion of the property belonging to the other

members of the family shall first be separated at the time of the

partitioning of the decedent’s estate.

Article 27. Under any of the following circumstances, the part

of the estate affected shall be dealt with in accordance with statutory

succession:

(1) where inheritance is disclaimed by a testamentary successor

or the legacy is disclaimed by a legatee;

(2) where a testamentary successor is disinherited;

(3) where a testamentary successor or legatee predeceases the testator;

(4) where an invalidated portion of the will involves part of the

estate; or

(5) where no disposition is made under the will for part of the estate.

Article 28. At the time of the partitioning of the estate,

reservation shall be made for the share of an unborn child. The

share reserved shall, if the baby is stillborn, be dealt with

in accordance with statutory succession.

Article 29. The partitioning of a decedent’s estate shall be

conducted in a way beneficial to the requirements of production and

livelihood; it shall not diminish the usefulness of the estate.

If the estate is unsuitable for partitioning, it may be disposed of

by such means as price evaluation, appropriate compensation or

co-ownership.

Article 30. A surviving spouse who re-marries is entitled to

dispose of the property he or she has inherited, subject to no

interference by any other person.

Article 31. A citizen may enter into a legacy-support agreement

with a person who, in accordance with the agreement, assumes the

duty to support the former in his or her lifetime and attends to his

or her interment after death, in return for the right to legacy.

A citizen may enter into a legacy-support agreement with an

organization under collective ownership which, in accordance with the

agreement, assumes the duty to support the former in his or her

lifetime and attends to his or her interment after death, in return for

the right to legacy.

Article 32. An estate which is left with neither a successor

nor a legatee shall belong to the state or, where the decedent was a

member of an organization under collective ownership before his or her

death, to such an organization.

Article 33. The successor to an estate shall pay all taxes and

debts payable by the decedent according to law, up to the actual

value of such estate, unless the successor pays voluntarily in excess

of the limit.

The successor who disclaims inheritance assumes no responsibility

for the payment of taxes and debts payable by the decedent according to

law.

Article 34. The carrying out of a legacy shall not affect the

payment of taxes and debts payable by the legator according to law.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 35. The people’s congress of a national autonomous area

may, in accordance with the principles of this Law and the actual

practices of the local nationality or nationalities with regard to

property inheritance, enact adaptive or supplementary provisions.

Provisions made by autonomous regions shall be reported to the

Standing Committee of the National People’s Congress for the

record. Provisions made by autonomous prefectures or autonomous

counties shall become effective after being reported to and approved

by the standing committee of the people’s congress of the relevant

province or autonomous region and shall be reported to the

Standing Committee of the National People’s Congress for the record.

Article 36. For inheritance by a Chinese citizen of an estate

outside the People’s Republic of China or of an estate of a

foreigner within the People’s Republic of China, the law of the

place of domicile of the decedent shall apply in the case of

movable property; in the case of immovable property, the law of

the place where the property is located shall apply.

For inheritance by a foreigner of an estate within the People’s

Republic of China or of an estate of a Chinese citizen outside the

People’s Republic of China, the law of the place of domicile of the

decedent shall apply in the case of movable property; in the case of

immovable property, the law of the place where the property is located

shall apply.

Where treaties or agreements exist between the People’s Republic of

China and foreign countries, matters of inheritance shall be

handled in accordance with such treaties or agreements.