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Making a Will in China for Expats and Foreign Owners (2026)

If you own a China apartment, China deposits or China equity, a single US or UK will is usually the slow, expensive path for your heirs. A short China-facing will is the planning move.

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1lawyer profiles listed
Updated16 Aug 2026
AudienceForeign businesses & individuals
ON THIS PAGEAt a glanceScope and legal frameworkPractical workflowCommon mistakesAction checklistFind a China wills & succession lawyerFAQ
Author China Legal Portal Editorial · Reviewer Hongmei Zhao · Last reviewed · 4 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Practice: typical process stages

Four high-level stages — details and local variations are in the guide below.

  1. FrameMap facts to PRC rules
  2. PlanOptions, risks & timeline
  3. ExecuteFilings, contracts, forums
  4. ReviewCompliance & next steps
City hubs

Local guides & lawyers

Drill into city × practice hubs where available, or open the city legal market guide.

Beijing →Shanghai →Shenzhen →Guangzhou →Hangzhou →All cities
Legal planning desk with source documents, authority records and evidence file
Working file · authority, workflow and evidence
Not legal advice. Wills are formal. A notary will reject a DIY English PDF. This page is for making a China-facing instrument — not the after-death title workflow.

Hub · After death: inherit · Foreign will validity · SAFE remittance.

Direct answer

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 glanceNotarial vs foreignLegal frameworkForms + 1141WorkflowNotary sittingMistakesRevoke-allChecklistBefore notaryFAQUS will enough?LawyersWills

At a glance

QuestionShort 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.
Decision tree for whether a China-facing will is needed
China-sited immovables and accounts justify a PRC-form instrument.

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.

Comparison of notarial will, other Civil Code forms and a foreign will only
Notarial form is what later inheritance notaries want to see.

Practical workflow

Identity, asset and text pack for a China notarial will
Names on the will must match the deed and the passport.
  1. List China assets only. Leave foreign assets to the other will.
  2. Confirm what share is yours after marital-property carve-out.
  3. Draft in Chinese; name heirs with passport and Chinese-character variants.
  4. Sit with a notary that handles foreign parties; take deed and identity.
  5. Align the foreign will so it does not revoke this one.
  6. Tell the intended executor where the notarial original lives.

Common mistakes

Risk matrix of global English wills, revoke-all clauses and disposing of a spouse share
A will is not the inheritance-right certificate heirs will need.
  • 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

  1. Inventory China land, accounts, equity.
  2. Reconcile names with the 不动产权证.
  3. Decide notarial vs other form with counsel.
  4. Coordinate revocation language with the foreign will.
  5. Store the notarial original where heirs can find it.
  6. Revisit after refinance, remarriage or a new flat.

Find a China wills & succession lawyer

The Wills & Succession listings below are live DJ Classifieds profiles. Directory →

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.

Practice Note from Charlotte Whitmore: Families are often delayed by months because names on foreign passports do not perfectly match names on old Chinese household registers (hukou), title deeds, or bank records. Reconcile every spelling and character variant—including former married names—before the first notary appointment, and keep the same translation string through Apostille packages, renunciations, and bank remittance files.
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How to use this guide

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 · Request a consultation.

FAQ

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.

Consultation preparation

What to prepare before contacting counsel

Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.

  • A concise timeline and the result you want to achieve.
  • Names of all parties and affiliates for a conflict check.
  • Key contracts, notices, correspondence, filings, or decisions.
  • Known deadlines, preferred language, location, and budget constraints.
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