Hub · After death: inherit · Foreign will validity · SAFE remittance.
Yes, a foreigner can make a will that Chinese notaries and registries can actually use — typically a notarial will in Chinese covering Mainland assets. Civil Code form rules (holographic and other types) still exist, but they are harder for foreign heirs to probate here. Keep a parallel home-country will for non-China assets and make sure revocation clauses do not kill the China instrument. You can only dispose of your share (carve marital property first). Art. 1141 still reserves a necessary portion for an heir who cannot work and has no income. A will is not an inheritance-right certificate — heirs still run the inherit-property file after death.
At a glance
| Question | Short answer |
|---|---|
| Can a foreigner make a China will? | Yes. Notarial form is the practical default for a flat. |
| Is my US will enough for Shenzhen? | It may be evidence. It is not a deed. See the foreign-will page. |
| One global will or two? | Usually parallel instruments. Watch revocation language. |
| Company or trust instead? | Different structure. Do not invent it in a one-page will. |
| Does the will finish title? | No. Heirs still need 继承权公证 or a judgment. |
Scope and legal framework
Civil Code Book VI (will forms and revocation). The Code recognises several will forms. Notarial wills are what most foreign-owner files actually use. A later valid will can revoke an earlier one.
Civil Code Art. 1141. A necessary portion must be reserved for a successor who can neither work nor has a source of income. This is not full European forced heirship, but you cannot ignore it.
Conflict statute Arts. 32–33. A foreign will’s form and effect may be recognised under habitual-residence or nationality law. Recognition is not a substitute for a China registerable instrument. Detail: foreign wills.
Practical workflow
- List China assets only. Leave foreign assets to the other will.
- Confirm what share is yours after marital-property carve-out.
- Draft in Chinese; name heirs with passport and Chinese-character variants.
- Sit with a notary that handles foreign parties; take deed and identity.
- Align the foreign will so it does not revoke this one.
- Tell the intended executor where the notarial original lives.
Common mistakes
- One English PDF for the whole world.
- “I revoke all prior wills” in a later US restatement.
- Willing the whole flat when half is the spouse’s.
- Assuming the will skips notary/court after death.
Action checklist
- Inventory China land, accounts, equity.
- Reconcile names with the 不动产权证.
- Decide notarial vs other form with counsel.
- Coordinate revocation language with the foreign will.
- Store the notarial original where heirs can find it.
- Revisit after refinance, remarriage or a new flat.
Find a China wills & succession lawyer
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Attribution
Reviewed by Charlotte Whitmore, solicitor at Willowfield Solicitors, London. Focuses on cross-border private wealth, wills, probate, trusts, and inheritance tax for international families. View directory profile →
Review tier: Reviewed by — accuracy review of drafts (succession procedure orientation, Apostille formalities, multi-country estate/tax framing, and SAFE repatriation description as general information). Content remains general orientation — not legal advice for a specific estate, and no attorney–client relationship is created by reading these pages.
How to use this guide
Primary sources for this page (editorial source-check 2026-09-19): PRC Civil Code. Prefer the current official Chinese text of each instrument over secondary commentary. Confirm current rules with qualified counsel. This page is not legal advice.
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Review the Editorial Policy, AI Content Policy, and Lawyer Verification Policy.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Submit an initial enquiry.
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
Can a foreigner make a will in China?
Yes. Capacity, identity and a form the Civil Code accepts. Notarial is the usual recommendation for real estate.
Is a US/UK will enough for my Shenzhen apartment?
Rarely as a standalone filing document. Read foreign-will validity and still expect a China process after death.
Should I put the flat in a company or trust?
Sometimes, for other reasons. It is not a one-page will substitute and can create tax and SAFE issues. Ask counsel before you transfer title.
Preparation is in this guide
Use the preparation section above before contacting counsel. It is specific to this topic.
Topic counsel
Counsel shortlist for this guide
Profiles matched by practice to this topic. A shortlist for consultation — not an endorsement of any filing, clearance or legal outcome.
Practice-matchedVerified status shown per profileFree initial consultation
Charlotte Whitmore
Willowfield Solicitors · London · Focus: Wills and Succession · Languages: English
Ping Zhang
VerifiedBeijing Mingji Law Firm · Chaoyang · Languages: Mandarin Chinese, English
Wei Chen
VerifiedBeijing Zhonglun Law Firm · Beijing · Languages: English, Mandarin Chinese
Ling Zhao
VerifiedShanghai AllBright Law Offices · Shanghai · Languages: English, Mandarin Chinese
Lawyer profiles
China-based listings shown first. Review profiles for the subject of this guide, then submit an initial enquiry.
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Charlotte Whitmore
London private client solicitor advising on wills, probate, trusts and inheritance tax for cross-border families.