Best Inheritance Law Lawyers in Taiwan

1. About Inheritance Law in Taiwan, Taiwan

In Taiwan, inheritance matters are governed primarily by the Civil Code (民法). This law sets out who may inherit, how shares are allocated, and how estates are divided after death. Key concepts include statutory heirs (法定繼承人), testamentary dispositions (遺囑), and the process of distributing the estate (遺產分割). Debts of the deceased must be settled before any distribution to heirs. In practice, many cases are resolved through probate or civil court proceedings handled by a Taiwan-licensed 律師 (lawyer).

The Civil Code also covers the formal ways to dispose of an estate, including will types and requirements for validity. If there is a dispute, or if assets are located both in Taiwan and overseas, a lawyer helps coordinate between local and cross-border rules. For people facing inheritance issues, engaging a qualified legal counsel can streamline title transfers, debt settlement, and heir declarations.

Source: Civil Code - Inheritance provisions in Taiwan. Official law database: https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000003

2. Why You May Need a Lawyer

• Complex multi-heir estates with real estate in Taiwan. If a decedent left property in multiple counties or cities, a 律師 helps identify statutory heirs and prepare a fair遺產分割 plan. They also handle required filings with the court and land office to transfer titles. Real estate transactions require careful due diligence and accurate title verification.
• contested wills or unclear testamentary intent. When a will is challenged for validity or interpretation, a lawyer evaluates formal requirements, potential undue influence, and potential gaps in the will. Court submissions may be needed to prove validity or enforce the will.
• Cross-border assets or heirs living abroad. If heirs reside outside Taiwan or assets sit overseas, a 律師 coordinates with foreign counsel and local Taiwan authorities to avoid conflicting rules. This reduces delays and ensures compliant asset transfers.
• Estate tax and creditor claims impacting distributions. A lawyer advises on tax implications under the遺產及贈與稅法 and how to satisfy debts before beneficiaries receive shares. Proper planning helps minimize tax exposure and maximize recoveries for heirs.
• 未成年 beneficiaries or guardianship needs. If heirs include minors, counsel helps set up guardianships and ensures protective provisions are in place within the will or intestate plan. This protects minors while enabling orderly estate management.
• Notarial wills or will disputes. For those using notarial wills (公證遺囑), a 律師 can assist with preparation and provide guidance if a will is later contested. They also help confirm that notarial requirements are properly satisfied.

3. Local Laws Overview

Civil Code (中華民國民法)

The Civil Code contains the core rules on inheritance, including who qualifies as a legal heir, how shares are allocated when there is no will, and how an estate is distributed. It also governs the creation, interpretation, and revocation of wills and how debts affect the estate. Practitioners rely on these provisions to resolve disputes about heirs and property division.

For practical guidance, the Civil Code addresses two main pathways: statutory inheritance (法定繼承) and testamentary disposition (遺囑). In many cases, both paths may apply if a will exists but some statutory heirs have rightful pre-emptive claims. A licensed 律師 helps assess which pathway applies and how to proceed in court or through notarization.

Source: Civil Code - Inheritance provisions. Official law database: https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000003

Estate and Gift Tax Act (遺產及贈與稅法)

This statute governs the taxation of inherited assets and gifts, including how tax is calculated and paid by the estate or beneficiaries. It affects planning decisions such as whether to probate, how to structure bequests, and the timing of asset transfers. Tax planning is an essential part of effective inheritance management in Taiwan.

In practice, families consult taxation authorities and qualified 律師 to understand liabilities, exemptions, and filing deadlines. The act works in tandem with Civil Code procedures to ensure that distributions are legally compliant and tax-efficient. Always verify current tax treatment with official resources as rules can change.

Source: Estate and Gift Tax Act - official text. Official law database: https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000009

Notarial Will Regulations (公證遺囑條例)

Notarial wills provide a formal, verified method of disposing of assets. They can simplify probate and reduce disputes by recording the testator’s wishes with a licensed notary. Notarial will procedures are governed by specific regulatory frameworks and are typically enforceable in Taiwan courts if properly executed.

A lawyer can help determine whether a notarial will is appropriate and ensure it meets all formal requirements, including the presence of witnesses and notarization. If a will is challenged, counsel can present evidence of validity and intent in court proceedings.

Source: Notarial Will Regulations - official guidance. Official law database: https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000010

4. Frequently Asked Questions

What is the difference between a will and intestate succession?

A will expresses how assets should be distributed. Intestate succession follows statutory rules when there is no valid will. In Taiwan, the Civil Code governs both pathways and defines heirs and shares.

How do I start probate for an estate in Taiwan?

Begin with a qualified 律師 who reviews assets, debts, and heirs. Gather the death certificate, family registry, property titles, and any will. The lawyer can file appropriate petitions with the court or notary for probate.

What documents are needed to apply for succession?

Typical documents include the decedent’s death certificate, family registry, deeded property titles, debt records, and any existing will. If heirs live abroad, additional identity and consent documents may be required. A lawyer helps assemble and submit these accurately.

How much does it cost to hire a Taiwan inheritance lawyer?

Fees vary by case complexity and location. Expect hourly rates or fixed fees for standard probate work, with additional costs for court filing and notary services. A consultation can provide a clear estimate based on your facts.

Do I need a will if I am not married or have no children?

No, not necessarily. If you have no spouse or descendants, you may leave assets to other relatives or non-relatives via a will. If you die intestate with no heirs, the estate may be escheated to the state under law.

Is a will legally binding in Taiwan?

A properly executed will satisfies formal requirements under the Civil Code. Its validity may be challenged if there are issues like lack of capacity or undue influence. A lawyer can assess validity and help defend or enforce the will.

When does intestate succession occur?

Intestate succession happens when there is no valid will or when the will does not cover all assets. The statute specifies heirs and shares for these cases, and a 律師 guides the process in court or with the notary.

Where can I file for probate in Taiwan?

Probate filings are typically made with the district court having jurisdiction over the decedent’s assets. A lawyer coordinates documents with the court and, if applicable, with notaries for notarial wills.

Why should I hire a lawyer for inheritance disputes?

Inheritance disputes involve technical rules about heirs, shares, and creditor rights. A lawyer ensures your rights are protected, handles court filings, and negotiates fair settlements with other heirs.

Can a will be challenged in court?

Yes. Grounds for challenge include lack of capacity, coercion, or improper execution. A 律師 helps gather evidence, prepare a defense, and present arguments to a judge.

Should I appoint a guardian for minor heirs?

If heirs are minors, appointing a guardian protects their interests in the estate. The Civil Code outlines guardian selection and duties, and a lawyer can facilitate the process and court approval.

How long does probate typically take in Taiwan?

Timelines vary by case complexity and court workload. Simple cases with clear titles and no disputes may proceed in several months, while contested matters can take a year or longer. A lawyer can estimate a realistic timeline for your scenario.

5. Additional Resources

• Civil Code - Inheritance provisions (Taiwan) - Ministry of Justice - official text and updates.
• Estate and Gift Tax Act - Taiwan - official tax rules affecting inheritance planning.
• Judicial Yuan - Probate and civil court procedures - official guidance on court processes for inheritance matters.

6. Next Steps

1. Identify the estate objectives and potential heirs by listing all assets and debts within 7 days of death.
2. Consult a Taiwan-licensed 律師 who specializes in inheritance within 14 days to assess options.
3. Gather key documents such as death certificate, family registry, property titles, and existing wills within 2 weeks of your initial consult.
4. Decide between a will, notarial will, or intestate plan and whether to pursue probate or a settlement with heirs within 1 month.
5. Have the chosen path reviewed by the lawyer and prepare required filings for the court or notary within 2-4 weeks.
6. File for probate or notarization and address creditor claims and taxes using the lawyer’s guidance within 1-3 months.
7. Monitor progress, respond to any court requests, and finalize title transfers and distributions once approved, typically within 6-12 months in straightforward cases.