Wei Jie/Tao Dandan

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NEARLY 20 residents from mixed-nationality families attended a seminar on Chinese marriage law updates and inheritance notarization in Shekou last week, eager to understand their legal rights and obligations under reforms that came into effect early this year.

The seminar, organized by the Shekou Management and Services Center for Expats (Shekou MSCE), was held at the Shekou Foreign Legal Assistance Center. Jia Yayin, director of the Foreign-related Legal Committee at Guangdong Yingzun Law Firm, and Mai Tong, from the Qianhai Notary Office, were featured speakers.

China updated the Judicial Interpretation II on the Marriage and Family Section of the Civil Code earlier this year, sparking widespread attention, especially among families involved in cross-border marriages.

Jia provided an in-depth analysis of key legal topics impacting cross-border marriages, including property disputes in cohabitation, shareholding in companies established after marriage, and property distribution for children in divorce settlements.

Focusing on inheritance law, Mai explained the intricacies of foreign-related inheritance notarizations. She explained that their complexity is due to conflicting international legal systems and cultural conventions. She underscored that notarization of succession for foreigners in China generally applies only to properties located within the country. Estates held abroad remain subject to the respective foreign jurisdiction’s inheritance laws, requiring separate notarization processes.

She highlighted the necessity for foreigners to first obtain notarized certificates from their home countries, authenticated for use in China, before proceeding with inheritance notarization domestically.

Daria, from Moldova, said, “The professional, insightful explanations were incredibly helpful. It is vital in raising awareness of legal matters we should consider before marriage. Understanding these issues builds a stronger foundation and helps prevent conflicts that may lead to divorce.”

Olga, a Shenzhen resident with a Chinese-Ukrainian family, praised the practical value of the seminar. “I learned a lot about laws applying to cross-border marriages, which gives me greater confidence in managing our family affairs.”

The seminar was part of the Shekou Foreign Legal Assistance Center’s new initiative, “Bay Area Vision · Shekou Hot Topics,” which is designed to meet the legal needs of mixed-nationality families.

Notarization of Succession

Inheritance notarization certifies the validity and legality of a successor’s inheritance rights. For foreigners, this process is complicated by varying national laws. Notaries must first determine applicable laws by considering habitual residences, nationality, property locations, and existing wills. Cross-border inheritance demands careful coordination between jurisdictions to avoid legal conflicts and safeguard the rights of heirs.