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Continuity · 03 Editorial guide

Family wealth, succession & incapacity

Family-wealth continuity is not only a will exercise. A useful plan identifies who owns and controls each asset now, who can act if a person loses capacity, what changes at death, and which company, trust, marital, beneficiary, mandate, guardianship or succession instrument actually governs the asset in each jurisdiction.

First job Identify incapacity/succession risk and which instrument controls each asset.

Start here

Start here

Key considerations

The first questions are about urgency, governance and preservation — before collection expands or interviews begin.

  1. Which family members, dependants and decision-makers are involved, and is any person currently vulnerable or losing capacity?
  2. Where is each asset located, who is the legal and beneficial owner, and which institution or register controls access or transfer?
  3. Which documents purport to govern lifetime authority, incapacity and death, and where do they conflict or leave a gap?

Direct answer

What this page decides

Owner
02

This route owns lifetime coordination and incapacity readiness, not the final determination of inheritance rights. Under the Civil Code, an adult with full civil capacity may agree in writing with a willing individual or organization to act as guardian if the adult later loses or partly loses civil capacity. That arrangement should be tested against the actual powers needed, asset institutions, company governance, medical decisions and cross-border recognition; it is not a universal power over every asset. At death, the succession analysis changes: wills, beneficiary or contractual arrangements, ownership structures, marital property, trust terms, debts and mandatory protections may interact, and the Civil Code's estate-manager rules become relevant. The plan should therefore state which instrument controls each asset during ordinary life, incapacity and death, and identify where local advice or a new instrument is required.

At a glance

Which fact changes the next route

Use the fact that changes ownership or urgency to decide the next move.

Facts that change the next investigation route
QuestionWhy it mattersNext route
Is there a present capacity or safeguarding concern?Urgent health, access, coercion or dissipation risk may require protective action before long-term planning continues.Document current capacity evidence, immediate needs, safe contacts, account access and any live court, medical or family process.
Who can legally act for each asset today?Family expectation, password possession or a foreign mandate may not establish authority recognized by a Chinese bank, company, registry or other institution.Create an institution-by-institution authority map and confirm form, execution, authentication and activation requirements.
Does ownership match the intended family outcome?Company shares, jointly held property, nominee arrangements, trust assets, insurance proceeds and personally owned accounts may pass or remain controlled differently.Reconcile legal title, beneficial claims, marital-property position, beneficiary terms and source-of-funds evidence.
Do instruments conflict across life stages or borders?A will, trust, company document, beneficiary designation, mandate and guardianship arrangement may cover different assets, cease at different times or be ineffective elsewhere.Build an asset-by-asset control table for ordinary life, incapacity and death, then obtain jurisdiction-specific review.

Scope

What this page owns — and what it does not

OwnsLifetime family-wealth continuity, incapacity readiness and coordination of control instruments for China-connected assets.
IncludesPeople and dependency maps, ownership and access, adult guardianship planning, mandates, trusts, companies, marital arrangements, beneficiary designations, will coordination, custody and activation plans.
Does not decideHeirship, will validity, probate or notarial succession, estate-manager disputes, final estate distribution, guardianship adjudication, tax outcomes, foreign-exchange approval or recognition in another jurisdiction.

Practical workflow

Action, evidence, legal gate, output

Practical workflow
ActionDocuments / evidenceLegal gateOutput
Triage capacity and urgencyMedical/capacity information, safeguarding concerns, dependants, immediate bills, access and live proceedingsEmergency protection versus planned continuityImmediate action and safeguarding record
Inventory people, assets and debtsFamily tree, citizenship/residence, titles, accounts, shares, insurance, trusts, loans and guaranteesLegal owner, beneficial claim, location and institution for each itemFamily wealth map
Map decision authorityCompany records, bank mandates, powers, guardianship agreements, trust terms and access proceduresAuthority during ordinary life and incapacityDecision-rights matrix
Reconcile death instrumentsWills, beneficiary designations, marital agreements, support agreements and prior estate documentsWhich instrument controls each asset and where specialist succession review beginsInstrument conflict and gap schedule
Create activation and review planOriginal-document locations, contacts, authentication needs, review triggers and tax/FX dependenciesNamed custodian, backup and test dateContinuity playbook

Documents

What to gather before the next call

These items help clarify the file; they are not a legal requirement list.

Documents to gather before instructing counsel
ItemWhy neededWho holds itRisk if missing
Family and dependency mapIdentifies people requiring support, possible decision-makers and relationship evidenceFamily and civil-status authoritiesA vulnerable person or relevant claimant is omitted
Asset, debt and ownership registerConnects every item to title, beneficial claim, location, institution and source recordsFamily, companies, banks, registries and advisersThe plan addresses wealth the person does not control
Authority and incapacity instrumentsShows who may act, when authority begins and what it coversFamily, proposed guardian, companies and institutionsNo recognized actor can manage urgent affairs
Trust, company and beneficiary recordsDetermines whether assets remain in a structure or pass under a designation or estateTrustee, company, insurer and account providerA will is assumed to control an asset outside the estate
Wills, marital and support arrangementsReveals conflicts, family-property boundaries, obligations and the succession handoffFamily, notary/custodian and advisersInstruments contradict ownership or each other

Common failure points

Where files usually break

  1. Treating a will as authority to act while the person is alive but incapacitated.

  2. Assuming a family member, account password holder or foreign attorney can automatically act before a China-based institution.

  3. Listing assets without verifying legal title, beneficial claims, marital-property character, debt and practical access.

  4. Assuming every asset passes under the will despite company, trust, contract or beneficiary arrangements.

  5. Using one instrument across jurisdictions without checking form, authentication, translation, recognition and local mandatory rules.

  6. Failing to separate immediate safeguarding from long-term tax or wealth optimization.

  7. Creating documents without an original-custody, activation, backup and periodic-review plan.

Decision map

Keep the question bounded.

  1. Map people, assets and controlRecord family relationships, residence and nationality, capacity concerns, legal and beneficial ownership, account mandates, company powers and practical access to every material asset.
  2. Test each continuity instrumentReview guardianship arrangements, mandates, trust terms, company documents, marital agreements, beneficiary designations, wills and support arrangements for scope, trigger and local effectiveness.
  3. Build activation and handoff plansAssign document custody, medical and financial escalation, institution contact, company continuity, tax/FX review and post-death succession work to named people with review dates.

Curated resources

Open the asset that matches this job.

No canonical deep guide is assigned yet. Use this route for orientation and continue to local context or qualified counsel.

Helpful to prepare

Facts that make the next conversation clearer.

These items are orientation aids, not a legal requirement list.

The document, decision, contract, policy, licence, order or record that created the issue.The relevant parties/entities and their roles.A short chronology including notices, deadlines, filings, payments, incidents or procedural status.

Counsel hand-off

What to bring when you instruct

This topic route organises the national legal question. It does not decide rights, strategy, liability, approval outcome or procedural result on the facts. Use qualified PRC counsel where fact-specific advice or representation is required.

Local context

Add the city only when it changes implementation.

Add city or province context only when the responsible authority, court, registration practice, permit process or local implementation changes after the national route is identified.

Open city and province guides

Counsel hand-off

Need qualified PRC counsel?

Private-client counsel can coordinate ownership, family objectives, fiduciary arrangements, tax interfaces and cross-border succession planning around the actual assets.

Find counsel by practice

Submit an initial enquiry

Need qualified counsel?

Move carefully. Move with a record.

Use the portal to identify counsel for this practice and related China-side issues.