Background
After the passing of Mr. A, a Singaporean national, his three children—two Singaporeans and one Australian—were confirmed by the Singapore court as the rightful heirs under a valid will, which specified that the estate should be divided equally. The estate included over RMB 20 million (approximately USD 3 million) in a bank account in Chaozhou, China.
Despite obtaining a court order in Singapore affirming the will’s validity and the heirs’ rights, the family faced considerable uncertainty about how to enforce the inheritance in China and successfully claim the funds. They turned to our legal team for assistance.
Challenges
Cross-border inheritance in China can be legally and procedurally complex, especially for foreign heirs. The case involved numerous legal issues:
- Whether Chinese law would recognize the Singapore court’s probate order.
- How to choose between inheritance litigation and notarized inheritance procedures in China.
- How to collect and authenticate necessary documents from abroad.
- How to comply with Chinese foreign exchange rules for cross-border transfers.
Legal Strategy
After analyzing the case and confirming that all three heirs were in full agreement, our legal team advised using the notarized inheritance procedure, which is more efficient and cost-effective than court proceedings.
We guided the heirs in preparing a full set of required documents, including:
- Proof of death, kinship, identity, and marital status.
- Proof of assets in China.
- The Singapore court’s probate order.
- A legal explanation reconciling identity inconsistencies for the Australian heir (who had changed nationality).
All foreign documents were notarized and apostilled in Singapore under the Hague Apostille Convention, enabling their direct use in China.
Execution
With the apostilled documents in hand, we coordinated with the local notary office in Chaozhou. The notary accepted the application, issued inheritance certificates, and facilitated coordination with the bank. The funds were then transferred to the heirs’ designated accounts.
Outcome
All three heirs successfully inherited their late father’s assets in China without court proceedings. The family commended the legal team’s “deep expertise in cross-border inheritance and smooth handling of international documentation.” They highly praised our team’s ability to navigate multi-jurisdictional procedures, communicate effectively across languages and legal systems, and deliver results in a highly professional manner.