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Private Client law in Taipei, Taiwan, encompasses a range of legal services tailored to individuals and families. These services typically include estate planning, wills and succession, trusts, asset protection, tax planning, family law, and issues involving international assets and heirs. The goal is to protect clients’ wealth, ensure assets are managed and distributed according to their wishes, and provide support in navigating the legal system during personal or sensitive matters. Lawyers who specialize in this area offer bespoke advice to address the unique needs of each client, ensuring compliance with Taiwanese regulations and international laws if necessary.
Life events and financial concerns often prompt individuals to seek legal advice within Private Client law. Common situations include drafting a will or power of attorney, planning succession for family businesses, setting up a trust or foundation, handling probate after the death of a loved one, managing complex ownership for cross-border assets, and navigating divorce or child custody issues. Individuals facing tax challenges or disputes about inheritance may also benefit from legal guidance. Professional help ensures your rights and interests are protected, your documents are compliant, and you minimize risks and family conflict.
Taiwanese law regarding private clients is governed by several statutes, most notably the Civil Code, Inheritance and Gift Tax Act, and Family Proceedings Act. Succession is typically by statutory inheritance, but a last will takes precedence if valid. Taiwan recognizes four types of wills, each with specific formal requirements. Trusts set up in Taiwan are governed by the Trust Law, which allows for a range of planning options for asset protection and charitable purposes. Divorce, guardianship, and child custody matters are regulated by the Family section of the Civil Code. Tax laws apply on death or when gifting assets, and there are specific reporting requirements for foreign assets. If foreign nationals or cross-border issues are involved, additional considerations and treaty provisions may apply.
Key documents typically include a properly drafted will, power of attorney, health care directive, and, if needed, trust deeds and succession plans for business assets. Specific documents may vary depending on your personal situation.
If there is no will, assets are distributed according to statutory succession rules in the Civil Code, prioritizing spouses and children, then parents and siblings. The process is supervised by the courts.
Yes, foreign citizens can create wills and trusts in Taiwan, but certain formalities must be observed and your home country’s laws may affect the validity or enforcement of these documents.
Trusts are increasingly popular for asset protection, tax planning, and charitable purposes. They allow for greater flexibility in asset management and distribution, especially in complex family or cross-border situations.
Taiwan imposes inheritance and gift taxes on assets transferred upon death or as gifts. Tax rates and exemptions are set by the Inheritance and Gift Tax Act and may vary depending on the relationship between the parties and the value of the assets.
Overseas assets are subject to local laws where they are located, but Taiwanese residents must report certain foreign holdings and may be taxed on worldwide assets for some purposes. Coordination with foreign counsel is often necessary.
By default, the deceased’s share passes based on succession law or their will. There is no automatic right of survivorship as in some jurisdictions, so legal proceedings are required to transfer title.
While notarization is not always required, certain types of wills, such as notarial wills, must be created with the help of a notary. This can add extra legal protection and make probate simpler.
A will may be challenged on grounds such as lack of capacity, improper formalities, or undue influence. The court will review evidence and decide whether the will is valid.
Seek legal advice promptly. Lawyers can assist in negotiation, mediation, or court proceedings if necessary. Early legal intervention can prevent disputes from escalating.
For comprehensive information or formal advice, consider the following resources:
- Ministry of Justice (Taiwan): Provides legal information and updates on regulatory changes - Judicial Yuan: Offers resources on the court system, family proceedings, and dispute resolution - Taiwan Bar Association: Directory of licensed lawyers and information on legal services - Local notary offices: Assistance with drafting and authenticating legal documents - Department of Household Registration: Vital for birth, death, marriage, and household records needed in succession matters
If you need legal help with a Private Client issue, start by identifying your needs and gathering relevant documents. Research local law firms or solo practitioners specializing in private client work. Schedule an initial consultation to discuss your situation. Bring copies of existing wills, property deeds, identification, and any other pertinent records. Be clear about your goals and concerns. After your initial meeting, review the proposed approach and legal fees before proceeding. Working with an experienced lawyer will ensure your interests are safeguarded and your legal affairs are resolved efficiently in accordance with Taiwan’s laws.
