Where is the inheritance card for Hong Kong related heritage: order, handling, and documents
First of all, the conclusion is that a marriage, a house, and a savings account, as long as they cross the Shenzhen River, cannot be inherited through a notarized family relationship.Shenzhen families often encounter three obstacles when dealing with inheritance related to Hong Kong: different legal inheritance rules between the two places, obtaining a court issued document for inheritance in Hong Kong, and going through separate procedures for property in both places. By understanding these three checkpoints in advance, you can save a lot of time traveling back and forth.
Point 1: The "order" on both sides is calculated differently
When there is no will in mainland China, the statutory inheritance order stipulated in the Civil Code shall be followed, and there are clear rules for the ranking and share of spouses, children, and parents. When there is no will in Hong Kong, the allocation, ranking, and share calculation based on the local inheritance rules in Hong Kong is different from that in mainland China. The results calculated by both sides may not be consistent for the same family. Whether the deceased is a Hong Kong resident or a mainland resident, and on which side the property is located, will affect which set of rules apply and how they apply. This is also the first question that Hong Kong related inheritance needs to answer:First, clarify which set of rules each asset belongs to.
Card point 2: Hong Kong's inheritance requires obtaining the "key" from the court first
Bank accounts, stocks, and properties in Hong Kong will not be automatically unfrozen or transferred due to family relationships. Generally, when dealing with Hong Kong estates, the Hong Kong court must first issue the handling documents: for cases where there is a will, apply for probate of the will; for cases where there is no will, apply for a letter of administration of the estate. Only those who obtain this document are eligible to handle the inheritance. This process requires submitting documents, accepting verification, and handling corresponding notarization and transmission arrangements for marriage certificates, birth certificates, death certificates, and other materials generated in mainland China.Time is measured in monthsRepeatedly filling in incomplete documents is the most common complaint of Shenzhen families about procrastination, and it is also the most effective way to speed up by preparing in advance.
Card point three: Property in both places should be handled separately, and documents cannot be used interchangeably
Real estate and deposits in mainland China shall be handled according to mainland procedures; Assets in Hong Kong are processed according to Hong Kong procedures. The documents prepared on one side cannot be directly used on the other side and require corresponding notarization, authentication, or forwarding arrangements. The common sequence in practice is to first inherit and handle mainland property in mainland China, and then simultaneously initiate the application for hosting in Hong Kong. Two lines can run in parallel, but the preparation of files depends on the order, and someone needs to coordinate and schedule them.
Practical suggestion: Three lists
- Asset List.List the properties, accounts, company equity, and insurance in both places one by one, indicating their location and ownership certificates.
- List of documents.Original documents such as marriage certificates, birth certificates, death certificates, and family relationship certificates should be found first if they can be found.
- List of Intentions.If the deceased has left a will, first confirm the place, form, and scope of the will. For people with assets from two places, a will may not necessarily govern all places. It is worth asking clearly before death whether to arrange for separate locations.
By the way, an industry trend: The Shenzhen Bar Association is soliciting opinions on the operational guidelines for lawyers handling inheritance business related to Hong Kong. The refinement of local rules precisely indicates how common this type of demand is in Shenzhen. Our usual practice when dealing with Hong Kong related family and cross-border property affairs is to first put the procedures, documents, and schedules of both places on a piece of paper, so that family members know what each step requires and how long it will take. If you are facing specific issues related to Hong Kong inheritance, please feel free to contact us at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, with a phone number of 0755-25986969.
This article is written by the director of our firm and the head of the law firmShen Jinlong Lawyer(Practicing license number 1440320410315584) Signed and published.
About Guangdong Zhiming Law Firm
Guangdong Zhiming Law Firm was founded in Shenzhen in 2000 and has been engaged in dispute resolution in Shenzhen for 26 years. It currently has nearly 50 staff members and is one of the first batch of time-honored law firms of the Shenzhen Bar Association (with a total of 40 in the first batch). Our business covers nine business segments: civil and commercial disputes, criminal defense, administrative disputes, criminal civil cross disciplinary disputes, criminal charges, intellectual property, divorce and inheritance, foreign-related legal disputes, and non litigation special projects. The case discussed by the director and partners themselves will be handled by themselves - the person responsible for the case will not be changed. The fees are determined based on the type of business and workload, with clear pricing, a written contract signed, and receipts issued.
