Inheritance of property | Division of family assets

Beijing inheritance lawyers and division of property lawyers specialize in handling various inheritance-related cases, including testamentary inheritance, statutory inheritance, real estate inheritance, estate division, division of property, disputes over gift and support agreements, inheritance rights disputes, settlement of estate debts, and disputes over the waiver of inheritance rights. They focus on resolving family inheritance disputes and conflicts over property division in Beijing, and are familiar with the procedures and adjudication rules of local notary offices and courts for handling inheritance cases.

Inheritance and property division disputes often occur among relatives, involving various assets such as Beijing real estate, savings, vehicles, equity, residential land, and commercial properties. These cases are complex, with cumbersome evidence collection, and are highly prone to triggering family conflicts. Many litigants have been mired in long-term disputes due to irregular wills, unclear inheritance sequences, unclear property ownership, and uneven division among siblings. Beijing Henglu Law Firm specializes in inheritance legal services in Beijing and has extensive experience in handling complex inheritance disputes.

\nCore service scopeLegal disputes over statutory inheritance, testamentary inheritance, the validity of self-written wills / proxies' wills / notarized wills, defending against the invalidation of wills, litigation for the transfer of property ownership in inheritance cases, confirming the ownership of inheritance, division of family property among multiple children, inheritance of residential land, inheritance of commercial property equity and deposits, disputes over bequests, disputes over bequest-support agreements, disputes over the loss of inheritance rights, disputes over revoking the waiver of inheritance rights, recovery of hidden inheritance, repayment of inheritance debts, drafting of family property division agreements and litigation for rights protection, etc.

Precisely addressing the high-frequency and difficult challenges in inheritance cases: For cases of statutory inheritance without a will and disputes over inheritance among relatives, we will legally sort out the order of inheritance, calculate the scope of the estate, divide the property fairly and reasonably, and resolve family conflicts; For disputes such as invalid wills, forged wills, and coerced will-making, we will conduct professional evidence collection and cross-examination to overturn illegal wills and protect the rights and interests of legitimate heirs; For difficult issues such as real estate inheritance unable to be transferred, heirs going missing, and inheritance across different regions, we will complete the inheritance transfer through legal means such as litigation for rights confirmation and public notice delivery; For disputes over unfair division of family property, breach of family agreements, and disputes over homestead division, we will combine local village policies and judicial practices in Beijing to properly handle disputes over the division of family property.

We adhere to the principle ofBalancing both humaneness and justice, and safeguarding rights in accordance with the lawAccording to the principle of efficient handling of family inheritance disputes and avoiding the escalation of conflicts, we provide one-stop legal services to residents of Beijing and surrounding districts and counties, including inheritance case consultation, standardized drafting of wills, representation in inheritance litigation, review of family division agreements, mediation of inheritance disputes, and enforcement. These services help clients successfully complete the inheritance of estates and the division of property.

Our case-handling process

1. Preliminary consultation and assessment of the caseThe party concerned submits a case introduction and evidence materials, and the lawyer understands the facts of the case, conducts a preliminary analysis of the case's development, legal risks, and available legal protection options.

2. Interview communication and contract signingOffline/online consultation to further clarify the case details, inform the client of the case risks, scope of services, and fee standards; upon reaching an agreement, the client signs the power of attorney document.

3. \nEvidence review and material organizationGuiding the client to collect additional evidence, the lawyer organizes all the evidence materials, sorts out the evidence chain, and drafts legal documents such as the complaint, application, and defense opinion.

4. File a case / Apply to initiate legal proceedingsSubmit the filing materials to the corresponding Beijing courts, arbitration commissions, and administrative authorities, and complete the procedures such as filing a case, obtaining protective measures, requesting a meeting with the defendant, and initiating a review process.

5. Follow up and communicate with the client throughout the entire process of the caseFollow up on the progress of the case, receive documents from the judicial authorities, regularly update the parties on the progress of the case, and participate in mediation and negotiation.

6. Court hearing/hearing agentAttorneys attend court hearings, cross-examinations, and debates, fully present their clients' legal opinions, and safeguard their clients' legitimate rights and interests.

7. Receiving and subsequent handling of judicial documentsAfter receiving the judgment or arbitral award, interpret the adjudication result; and based on the situation, provide suggestions for subsequent procedures such as appealing or applying for enforcement.

Special notice for this serviceInheritance disputes can be mediated first. If mediation fails, litigation can be initiated. For some cases, it may be necessary to first review the will and family agreement documents before deciding whether to initiate litigation.

Common Questions FAQ

Q1: If there is no will in Beijing, how can the inheritance and transfer of real estate be handled?
A: If there is no will, the inheritance shall be handled in accordance with the statutory succession. If the heirs can reach an agreement, they can go through the inheritance notarization at the notary office; if the heirs have disputes and cannot reach an agreement, they need to file a succession lawsuit with the Beijing court, and then handle the transfer of real estate after obtaining the effective judgment document.

Q2: Is a self-written will necessarily valid in Beijing courts?
A: A handwritten will must meet all statutory formal requirements, including writing, signing, and dating. If there are any formal defects, even if the will is written by the testator himself, it may still be deemed invalid in litigation in Beijing.

Q3: What is the difference between property division and inheritance in Beijing?
A: Inheritance handling deals with the personal estate left behind after the death of the decedent; while family division handles the shared family assets, dividing the shared family property and assets among family members. The litigation process and trial approach for the two cases are different.

Q4: If the heir refuses to cooperate with the inheritance process, how should this be handled?
A: If no agreement can be reached, a lawsuit for inheritance disputes can be filed with the Beijing People's Court where the property is located. Through the lawsuit, the ownership can be confirmed, and it's not necessary for all the heirs to voluntarily cooperate to complete the subsequent transfer of ownership.

Q5: Can foreign wills be used in Beijing courts?
A: A will that meets the statutory requirements can be submitted as evidence in Beijing court cases. The court will review and determine the authenticity and legality of the will.