Inheritance disputes in China are becoming more common as families grow wealthier and property values rise. Many people face conflicts over wills, property, and family assets, often leading to emotional and legal battles. 

Understanding how inheritance laws work in China can help you avoid these painful disputes and protect your family’s future.

Read on to learn how to handle inheritance issues the right way and keep family relationships intact.

Understanding Inheritance Disputes in China

Inheritance disputes in China happen when family members cannot agree on how to divide a loved one’s property or assets after they pass away. These disagreements can involve homes, money, or even family businesses.

Many disputes arise because of unclear wills or misunderstandings about who should inherit what. In Chinese culture, where family honor and relationships are deeply valued, inheritance conflicts can cause lasting emotional pain. 

Learning the main causes and legal rules can help families prevent these disputes before they start.

How Inheritance Works Under Chinese Law

Chinese inheritance law is mainly governed by the Civil Code of the People’s Republic of China (中华人民共和国民法典), which took effect in 2021.

There are two main types of inheritance in China:

✔️ Statutory inheritance (法定继承): When there is no will, the law decides who inherits and in what order.

✔️ Testamentary inheritance (遗嘱继承): When there is a valid will, the estate is divided according to the deceased’s wishes.

The law recognizes heirs such as the spouse, children, and parents as the first in line (Civil Code, Article 1127). If there are no first‑line heirs, siblings and grandparents may inherit.

📚 Also read: Understanding China Inheritance Law: Your Complete Guide

The Limitation Period for Inheritance Claims in China

Under the Civil Code of the People’s Republic of China (Article 188), inheritance claims generally need to be made within three years from the date an heir becomes aware, or should reasonably have become aware, of their inheritance rights or of the death of the deceased.

However, in practice, courts may extend this period in special circumstances, such as when heirs discover new property or inheritance rights later.

If an heir fails to act within the limitation period, they may lose the right to claim the estate, although courts may still mediate disputes to preserve family harmony.

For more guidance, see the Supreme People’s Court’s Interpretation on the Application of the Limitation Period in Civil Cases (2020) and the SPC Mediation Guidelines (2021).

📚 Also read: Statute of Limitations in China’s Civil Code: Key Deadlines

Common Causes of Inheritance Disputes in China

Inheritance disputes in China often start small but can quickly escalate. Understanding the most common causes can help families take preventive steps.

1. Missing or Unclear Wills

When a will is vague or missing, family members may interpret the deceased’s wishes differently. Writing a clear and legally valid will is the best way to avoid confusion.

📚 Also read:  Guide to Wills in China: How to Future-proof Your Assets

2. Unequal Distribution Among Heirs

Sometimes one child receives more than others, leading to resentment and accusations of unfairness. Even small differences in inheritance shares can cause major rifts between siblings.

3. Property Ownership Disputes

Real estate is one of the biggest sources of conflict in China, especially in large cities where property values are high. Disputes often arise over who actually owns the property or who contributed financially to it.

4. Second Marriages and Stepchildren

Blended families can complicate inheritance matters. Stepchildren and new spouses may have different rights under Chinese law, which can lead to disagreements.

5. Hidden or Overseas Assets

As more Chinese families own property or investments abroad, tracking and dividing these assets has become more complex. Without transparency, disputes can easily arise.

How to Resolve Inheritance Disputes in China

When inheritance disputes occur, families have several options to resolve them. It’s always best to start with peaceful methods before going to court.

Step 1: Try Family Mediation First

Family discussions or mediation can help settle disagreements without legal action. Mediation allows everyone to express their views and find a compromise.
This approach is supported by the Supreme People’s Court’s Mediation Guidelines (2021).

Step 2: Seek Legal Advice

If mediation fails, consulting a lawyer who understands Chinese inheritance law is crucial. Lawyers can help verify wills, collect evidence, and guide you through the process.

📚 Find help: Family Lawyers in China: Expert Legal Advice and Services

Step 3: File a Case in the People’s Court

When no agreement is reached, the case can be taken to court. The court reviews documents, hears both sides, and makes a final decision based on the law.

Common mistakes to avoid:

• Failing to provide proper documentation
• Making verbal agreements without legal backing
• Ignoring deadlines or legal procedures

What Happens When Siblings Fight Over Inheritance

Sibling disputes are among the most emotional inheritance conflicts in China. These fights often start over perceived unfairness or misunderstandings about what parents intended.

Chinese courts usually encourage mediation before litigation. If the case goes to court, judges will review wills, property records, and family relationships to ensure a fair outcome.

To maintain peace, families should discuss inheritance matters early and document every agreement. Open communication and fairness can prevent lifelong resentment.

Protecting Your Family: How to Prevent Future Inheritance Disputes

1. Write a Clear and Legal Will

A well‑written will ensure that your property is divided exactly as you wish. It should be signed, dated, and ideally notarized to make it legally valid.

According to the Ministry of Justice of China, notarized wills have the highest legal authority and are the least likely to be challenged.

2. Use Notarized Documents

Notarization adds legal strength to your will and prevents challenges later. It assures family members that the document is authentic and binding.

3. Choose a Trusted Executor (Optional)

An executor can help carry out the terms of your will and manage your estate. Chinese law allows you to appoint one but does not require it (Civil Code, Articles 1144–1147).

4. Be Transparent with Family

Discuss your inheritance plans openly. Clear communication helps family members understand your intentions and reduces the risk of disputes.

5. Keep Records Updated

If your circumstances change, such as marriage or new property ownership, update your will accordingly.

Special Situations: Spouses, Foreign Assets, and Business Ownership

✔️ Spousal Rights in Inheritance

A spouse is considered a first‑line heir under Chinese law (Civil Code, Article 1127). However, being married does not automatically mean receiving half of the inheritance. The court considers factors such as joint marital property and contributions to the family.

✔️ Business Ownership and Corporate Equity

When the deceased owned a business, their shares or equity become part of the estate. The division depends on the company’s structure and legal documents. Under the Company Law of the PRC (Article 75), heirs may inherit shares, but company approval is sometimes required.

✔️ Foreign Assets and Cross‑Border Inheritance

If the deceased had property or accounts overseas, the process becomes more complex. Different countries have different inheritance laws, and China follows the principle that property is governed by the law of its location (lex situs) as established in the Law on the Application of Laws to Foreign‑Related Civil Relations (2011, Article 36). 

Legal advice is essential for cross‑border cases. 

The Role of Lawyers and Mediators in Chinese Inheritance Disputes

Legal professionals play a major role in helping families resolve inheritance issues fairly. They ensure that the process follows the law and that everyone’s rights are protected.

When to Hire a Lawyer

If there is confusion over a will, hidden assets, or disagreements among heirs, it’s best to hire a lawyer early. Lawyers can help trace assets, verify documents, and represent you in court if needed.

How Mediators Can Help

Mediators are trained to help families find common ground without going to court. They are especially helpful when emotions run high and communication breaks down.

What to Expect During the Process

Inheritance cases can take several months or even years, depending on complexity. Costs vary based on the size of the estate and the number of parties involved. Early legal advice can save both time and money.

Conclusion

Inheritance disputes in China can be stressful, but with proper planning and understanding, they can be avoided. 

Clear wills, open communication, and early legal advice are the best ways to protect both your assets and your family relationships.

Visit ChinaLegalExperts for legal insights, or contact Choi & Partners for professional inheritance law support.

FAQs About Inheritance Disputes in China

What is the inheritance rule in China?

In China, inheritance follows the Civil Code, which sets out who can inherit and in what order. Spouses, children, and parents are first‑line heirs. If there is no will, property is divided equally among them. When a will exists, the estate is distributed according to the deceased’s wishes.

How do you deal with unfair inheritance?

If you believe an inheritance is unfair, try to discuss it peacefully with other heirs first. If that fails, mediation or legal action may be necessary. Courts can review the will and property division to ensure fairness under the law.

How do you keep the peace with a sibling during inheritance disputes?

Open communication is key. Avoid making assumptions or bringing up old family issues. Focus on understanding each other’s needs and, if needed, involve a neutral mediator to help reach a fair agreement.

Who is the China heiress in the $2 billion inheritance feud with siblings?

This refers to a widely reported case involving a major business family in China. The case highlights how even wealthy families can struggle with inheritance disputes when wills and succession plans are unclear.