When it comes to a Shenzhen property left by parents, how can siblings divide it without disputes? What if the will is invalid? Here are 4 inheritance questions explained thoroughly at once.

Last month, a client from Futian came to us with a stack of yellowed documents. Her father had passed away three years ago, leaving an old house in Nanshan District worth about 8 million yuan. There were four siblings—two in Shenzhen and one abroad. With no will in place, everyone wanted a larger share, and after three years of deadlock, the house sat empty while property fees piled up unpaid. She said, "Lawyer Shen, it's not that we don't get along—we just don't know what rules to follow to divide it." That statement rings true.

Q1: If parents did not leave a will, what is the exact proportion for dividing the property?

问：My father passed away suddenly without leaving a will. There are only two children in the family, my brother and me, and my mother is still alive. The house is currently occupied by my mother. My brother says he is entitled to half of the house in the future. Is that correct?

答：That statement is inaccurate. According to Article 1127 of the Civil Code of the People's Republic of China, the first-order heirs are the spouse, children, and parents. Since your father left no will, the estate is distributed according to statutory succession—your mother, you, and your brother are all first-order heirs, each entitled to one-third. What your brother refers to as "half" treats the house as joint marital property. In reality, if the house was purchased after your parents' marriage, half of it is first allocated to your mother, and the remaining half constitutes your father's estate, which is then divided equally among your mother, your brother, and you. This means your mother actually holds two-thirds, while you and your brother each hold one-sixth.

Q2: If one of the siblings claims that the will is fake, how should it be handled?

问：My father wrote a will before he passed away, stating that the house would be left entirely to me. But my younger brother doesn't accept it, claiming the handwriting is forged and planning to take the case to court. What should I do?

答：Will disputes are very common in Shenzhen. Nearly 30% of our cases last year involved disputes over the validity of wills. The key is whether the form of the will complies with legal requirements. A holographic will must be written, signed, and dated by the testator in their own handwriting; a will made by proxy must have two or more witnesses present, and the witnesses cannot be heirs or individuals with an interest in the heirs. If all these conditions are met, it will be very difficult for your younger brother to overturn it. If he disagrees, he can apply to the court for a handwriting appraisal, but the appraisal fees are not low, and the process can be time-consuming. If you have the original will in hand, I suggest you first have a lawyer review it for any formal defects before deciding whether to negotiate or respond to the lawsuit.

Q3: For a property in Shenzhen, if the children are abroad, will the inheritance procedures be especially troublesome?

问：My family's situation is a bit special. My older sister has settled in the U.S. and become a citizen. Now that our parents have passed away, leaving two properties in Shenzhen, can she still inherit them? Are the procedures very complicated?

答：Inheritance is possible, but the procedures are indeed more troublesome than ordinary inheritance. Foreign-related inheritance requires notarization and authentication procedures. Your heirs abroad need to have documents notarized at the local Chinese embassy or consulate and entrust a domestic agent to handle the process. Many notary offices in Shenzhen now offer remote video notarization, so people don't need to return in person. However, if it goes through litigation, the time for foreign-related service of process can be quite long, typically adding 3 to 6 months. Our Zhiming Law Firm handled a similar case last year—a property in Longhua District with heirs spread across the United States and Canada. It took a total of seven months to complete all the procedures.

Q4: If siblings can't reach an agreement, how long will a lawsuit actually take? Is the lawyer's fee worth it?

问：The three of us siblings have been arguing over the house our parents left behind for a year now, and none of us is willing to back down. If we take it to court, roughly how long would it take? Is the lawyer's fee expensive?

答：For inheritance dispute cases in Shenzhen's grassroots courts, the summary procedure generally takes 3 months, while the ordinary procedure takes 6 months. If one party appeals, the second instance adds another 3 months. The time cost is indeed not insignificant. But you need to think clearly—if the property sits vacant without being dealt with, the annual depreciation and maintenance costs are also right there. We handled a case where the client was from Bao'an District. The parents left a property worth 20 million RMB, and the other two heirs each held their own position, fighting over it for two years. After we took over, by sorting through the parents' purchase payment records and bank statements from their lifetime, we proved that the source of this property had nothing to do with one of the heirs. In the end, the court ruled that our client received full inheritance rights. The attorney's fee may look like an expense, but compared to the 20 million target, this cost is worthwhile—the key is finding the right lawyer.

Practical Advice for Parties Involved in Inheritance Disputes in Shenzhen

First, while parents are still alive, talk things through while you can—don't wait until they're gone to fight over it. Property prices in Shenzhen are high; a single apartment could be worth millions or even tens of millions. When interests are at stake, family bonds can easily get hurt.

Second, if there's a will in the family, don't rush to bring it out. First, have a lawyer review its form and content for any legal flaws, so as not to give others a handle to exploit.

Third, if you can't reach an agreement, file a lawsuit sooner rather than later. Don't drag it out. An empty property generates no income, yet it continues to incur property management fees and property taxes (if commercial real estate is involved). The longer you delay, the deeper the conflict becomes, and evidence may also be lost.

Guangdong Zhiming Law Firm has been rooted in Shenzhen for 26 years, with Director Lawyer Shen Jinlong practicing for 26 years and handling a large number of local inheritance dispute cases in Shenzhen, with over 10,000 cases represented in total. If you are facing difficulties in dividing your parents' property or have disputes over the validity of a will, you are welcome to visit us in person at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District. Phone: 0755-25986969. When it comes to property matters, the sooner they are resolved, the sooner you can have peace of mind.