Best Inheritance Law Lawyers in Taiwan

About Inheritance Law in Taiwan

Inheritance law in Taiwan is primarily governed by the Civil Code. It covers how a deceased person’s assets are distributed when there is a will, and how assets are divided when there is no will. Key topics include statutory heirs, forced shares, and the rules for valid wills and estate division.

The law also addresses the rights of surviving spouses, children, and other relatives, as well as the procedures to challenge or defend a will. In practice, disputes often involve whether a will is valid, how assets should be allocated, and how to resolve conflicting claims among heirs. For anyone facing a possible inheritance issue, understanding the legal framework helps you protect your family’s interests.

Taiwan relies on the Civil Code to govern inheritance, including rules on statutory heirs, will validity, and division of the estate.

Why You May Need a Lawyer

Inheritance situations in Taiwan frequently require legal guidance to prevent disputes and ensure fair outcomes. Here are four real-world scenarios where you may need a solicitor or attorney specialized in Inheritance Law.

• A surviving spouse and adult children disagree over a will’s validity or interpretation. A lawyer can assess form, witnesses, and legal standards to determine enforceability and represent you in negotiations or court.
• There is property in multiple jurisdictions or assets abroad. A Taiwan lawyer with experience in cross-border inheritance can coordinate with foreign counsel and resolve issues with overseas assets and succession claims.
• You suspect a will was forged or improperly executed. An attorney can gather evidence, challenge the will, and seek remedies through the courts or notary process.
• You need to prepare an estate plan to protect minor children or disabled dependents. A legal counsel can draft a will, set up trusts or guardianship arrangements, and address tax considerations.
• A family member seeks to contest a will or an estate division. A lawyer can guide you through procedural steps, deadlines, and the appropriate forum for a challenge.
• Asset disputes involve joint ownership or inheritance rights for a spouse from a prior relationship. An attorney helps mediate, draft settlement agreements, and ensure compliance with statutory protections.

Tip: In complex cases, an inheritance lawyer can help you choose between formal will execution, intestate distribution, or negotiated settlements to minimize litigation and delays.

Local Laws Overview

The core rules come from Taiwan’s Civil Code, supplemented by statutes that govern testamentary forms and tax matters. The following laws are commonly referenced in inheritance matters.

• Civil Code of the Republic of China (Taiwan) - Inheritance provisions - This body of law sets out who qualifies as a legal heir, the size of the legal share (reserved portion), and the framework for will validity and estate division. It also covers concepts such as代位繼承 and 遺產分割協議. For the latest text and amendments, consult the official Law Database.
• Notarial and testamentary forms related law (Notary and Will formalities) - Wills in Taiwan may be executed as self-written, notarized, or sealed formats. Notarial procedures are supported by public notaries and statutes governing notarization and will execution.
• Inheritance and Gift Tax Act (遺產及贈與稅法) - tax framework for inheritance and gifts - This statute governs how inheritance and gifts are taxed, including exemptions, rates, and filing requirements. Tax rules can materially affect net estate distribution and planning decisions.

Legal texts and updates are published by the Ministry of Justice and other government bodies for public access.

Recent reform discussions and updates are tracked by the government through the Civil Code legislation database and official announcements. Always verify provisions with the latest official versions before taking action.

Frequently Asked Questions

What is the basic idea of statutory inheritance in Taiwan?

The law designates legal heirs and establishes a reserved portion that cannot be disinherited. This protects immediate family members from being disinherited by a will.

How do I know if a will is valid in Taiwan?

Validity depends on form, capacity, and proper execution under the Civil Code rules. A judge or notary may assess witnesses, signatures, and the testament format.

When should I consider consulting an inheritance lawyer?

Before signing a will, when there are cross-border assets, or if family members dispute allocations, an attorney can prevent disputes later on.

Where can I find the official rules for will formats in Taiwan?

Official rules are published in the civil law and notarization regulations on the government law database.

Why might a will be challenged after death?

Possible grounds include lack of capacity, undue influence, fraud, or improper execution. A challenge aims to prove one of these defects.

Can I change my will after it is made?

Yes, a later valid will can revoke or modify earlier dispositions, subject to formalities and the law on revocation.

Should I use a notary for my will or a private self-written will?

Notarized wills tend to be clearer on formal requirements, which can reduce disputes. Self-written wills must meet strict criteria to be valid.

Do I need a lawyer to handle estate division negotiations?

For complex assets, tax issues, or multiple heirs, a lawyer can facilitate negotiations, prepare a division agreement, and file necessary documents.

Is there a time limit to contest an inheritance in Taiwan?

Yes, procedural deadlines exist for filing challenges in court or with notaries. Check with a solicitor for exact dates relevant to your case.

What is the difference between intestate succession and a will?

Intestate succession occurs when there is no valid will, so the state law dictates the share among legal heirs. A will allows the decedent to distribute assets according to their wishes.

How long does the inheritance process typically take in Taiwan?

Simple cases may take several months, while disputes or cross-border estates can extend to a year or more, depending on complexity and court backlog.

Do I qualify as a legal heir if I am adopted into the family?

Adopted children generally gain inheritance rights like biological children, subject to specific conditions in the Civil Code.

Additional Resources

• Ministry of Justice - Law Database (Taiwan) - Official source for Civil Code articles, inheritance provisions, and testamentary forms in both Chinese and English. Function: publishes and updates statutory texts and related regulations. law.moj.gov.tw
• Judicial Yuan - Legal Interpretations and Civil Procedure - Government authority providing interpretations of civil law and guidelines for inheritance disputes, including court procedures and decision guidance. jirs.judiciary.gov.tw
• National Tax Administration (Ministry of Finance) - Inheritance and Gift Tax guidance - Official guidance on tax treatment of estates and gifts, exemptions, and filing obligations. mof.gov.tw

Next Steps: How to Find and Hire an Inheritance Law Lawyer

1. Define your goals and gather documents - List heirs, wills, property deeds, and recent correspondence. Timeline: 1 week.
2. Search for a specialized attorney - Look for lawyers with explicit Inheritance Law experience in Taiwan, focusing on civil matters and estate disputes. Timeline: 1-2 weeks.
3. Verify credentials and track record - Check bar associations, client reviews, and past case outcomes relevant to will disputes or estate planning. Timeline: 1 week.
4. Consult an attorney for a preliminary case assessment - Obtain a scope of work, fees, and potential strategies. Timeline: 1-2 meetings over 2-3 weeks.
5. Request a written engagement agreement - Ensure fee structures, retainer, and milestones are clear. Timeline: 1 week after initial consultation.
6. Prepare documents for your first formal meeting - Organize wills, trust documents, asset lists, and beneficiary designations. Timeline: 1-2 weeks.
7. Agree on an action plan and start the process - Decide on mediation, court filings, or estate division agreement. Timeline: 1-3 months for initial steps, longer for court actions.