How foreign children inherit their parents inheritance in China

First of all, according to Article 9 of the Inheritance Law of the People's Republic of China, the right of inheritance is equal between men and women.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Secondly, since the inheritance of foreign children is mentioned, the following requirements must be met. According to Article 36 of the Inheritance Law, if a Chinese citizen inherits an estate outside the territory of the People's Republic of China or inherits the estate of a foreigner within the territory of the People's Republic of China, the law of the place where the decedent is domiciled shall apply to the movable property, and the law of the place where the immovable property is located shall apply to the immovable property.

For foreigners who inherit an estate within the territory of the People's Republic of China or a Chinese citizen who inherits an estate within the territory of the People's Republic of China, the law of the place where the decedent is domiciled shall apply to the movable property, and the law of the place where the immovable property is located shall apply to the immovable property.

Where the People's Republic of China has concluded treaties or agreements with foreign countries, it shall be handled in accordance with the treaties or agreements.

What kind of documents must be provided by overseas Chinese and foreigners to inherit the inheritance in China, what procedures should be completed and where to handle it?

1. All overseas Chinese and foreigners who apply to inherit the inheritance in China must apply to the notary public in the country of residence for a notarial certificate certifying the applicant's occupation, address and kinship with the related persons in China. The notarial deed must be authenticated by the country of residence or other official institutions designated by *** and our embassy or consulate in that country.

2. The applicant can come to China in person to apply to the notary public where the estate is located to go through the inheritance procedures with the above-mentioned notarial certificate certified by our embassy or consulate abroad and the death certificate of the decedent (if there is a will, together with the will). After reviewing the relevant documents, the notary department will issue a certificate of inheritance if it considers that it meets the current regulations on inheritance in China. The applicant can use this to go to the estate management department (such as the housing authority, bank, etc.) to handle specific inheritance matters.

3. If the main facts that need to be notarized occur in China, the heirs can also apply for notarization to the relevant local notary organs in China, and the notary authorities will issue a certificate of inheritance.

4. If the applicant is unable to come to China in person, he/she may entrust his/her relatives and friends in China to handle the application on his/her behalf; If they have no relatives or friends in China, they may entrust a lawyer at the location of the property to handle the matter on their behalf. In this case, the applicant is required to issue a Power of Attorney. In addition to including the name and address of the trustee, the power of attorney should also state the authority of the trustee.

The power of attorney is also subject to the authentication procedures mentioned in item (1).

5. In the event of a dispute over inheritance, the applicant shall file a lawsuit with the local people's court where the estate is located, and the court shall adjudicate the case.

Legal Analysis: Foreign nationals can inherit the imitation property of Bei Dalu's parents in China before the move. A foreigner can inherit a domestic property, as long as the property is the legal property of the decedent.

An estate is a personal legal property left behind by a natural person upon his or her death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Legal basis: Law of the People's Republic of China on the Application of Laws to Foreign-related Civil Relations

Article 31: The law of the place of habitual residence of the decedent at the time of death shall apply to statutory succession, but the law of the place where the immovable property is located shall apply to the statutory succession of immovable property.

Article 32 If the method of testament conforms to the law of the place of habitual residence, the law of the country of nationality or the law of the place where the testament is performed at the time of the testator's will or death, the will shall be established.

Article 33 The validity of a will shall be governed by the law of the place of habitual residence or the law of the country of nationality of the testator at the time of making the will or at the time of death.

Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property left behind by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.