Best Private Client Lawyers in Taiwan
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
List of the best lawyers in Taiwan
Browse private client law firms by service in Taiwan
Taiwan Attorneys in related practice areas.
Browse private client law firms by city in Taiwan
Refine your search by selecting a city.
About Private Client Law in Taiwan
Private Client law in Taiwan focuses on the personal legal needs and affairs of individuals and families. This area of law covers a range of topics including wills, trusts, tax planning, wealth management, succession, family business succession, matrimonial property, and estate administration. Taiwanese Private Client law aims to help individuals protect and manage their assets, plan their estates, and ensure that their personal wishes are legally respected both during their lifetimes and after death. The legal framework is rooted in the Civil Code, the Trust Act, the Inheritance and Gift Tax Act, and other relevant legislation.
Why You May Need a Lawyer
Engaging a Private Client lawyer can provide invaluable peace of mind. Common situations where legal help is necessary include drafting a legally binding will, setting up family trusts, distributing an estate, handling complex inheritance disputes, planning for tax efficiency, protecting assets from claims or creditors, and managing cross-border family or wealth matters. A lawyer can also assist with family law issues such as divorce, adoption, and guardianship. In cases involving international elements or high-value assets, expert advice is crucial to ensure compliance with relevant laws and to safeguard your interests.
Local Laws Overview
Private Client matters in Taiwan are governed primarily by the Civil Code and other related laws. Key local laws and regulations include:
- Succession Law - The Civil Code outlines the rules for inheritance, including reserved shares for statutory heirs, intestate succession, and procedures for the administration of estates.
- Wills - There are strict requirements concerning the form and validity of wills. Taiwanese law recognizes several types of wills, including handwritten, notarial, and sealed wills.
- Trusts - The Trust Act allows individuals to create trusts for managing assets and protecting family wealth.
- Inheritance and Gift Tax - The Inheritance and Gift Tax Act regulates taxes on estates and gifts. Proper planning is essential to minimize tax liabilities.
- Family Law - Aspects like marriage, divorce, and adoption are regulated under the Civil Code. These can affect succession and property distribution.
- International Aspects - Cross-border succession and tax issues may arise for individuals with foreign assets or family members residing overseas.
These local laws are complex and subject to regular updates, making expert legal guidance important for effective management of personal affairs.
Frequently Asked Questions
What happens if I die without a will in Taiwan?
If you die without a will, your estate will be distributed according to the rules of intestate succession under the Civil Code. Statutory heirs such as your spouse, children, parents, or siblings will inherit your assets in defined shares.
Can I exclude family members from my will?
Taiwan law protects certain heirs by granting them reserved shares of your estate. While you can make specific bequests in your will, you cannot exclude statutory heirs such as your children or spouse from their legally entitled portions.
Do I need to pay inheritance tax in Taiwan?
Yes, the Inheritance and Gift Tax Act imposes taxes on inherited assets. However, there are exemptions and deductions available. Effective estate planning can help minimize potential tax liabilities.
Can foreigners inherit property in Taiwan?
In general, foreigners can inherit property in Taiwan, but the rules may vary depending on the nationality and other circumstances. Some restrictions may apply to specific types of property or land.
How can I set up a trust in Taiwan?
Under the Trust Act, you can establish a trust by entering into an agreement with a trustee. Trusts can be used to manage and protect assets, ensure privacy, and facilitate succession planning.
What is the role of an executor?
An executor, appointed in your will, is responsible for administering your estate according to your wishes, paying debts and taxes, and distributing assets to beneficiaries.
Can I change my will after it is made?
Yes, you can amend or revoke your will at any time as long as you have legal capacity. Amendments must comply with legal requirements to be valid.
Are pre-nuptial agreements recognized in Taiwan?
Pre-nuptial agreements are not common but are generally permissible if they comply with the requirements of the Civil Code. They can affect property division upon divorce and succession rights.
What options are available for estate planning with international assets?
Cross-border estate planning often requires coordination between Taiwanese law and the laws of other jurisdictions. You should seek legal advice to address inheritance, tax, and compliance issues for assets held abroad.
How can disputes among heirs be resolved?
Heir disputes are often resolved through negotiation, mediation, or litigation. Legal counsel can help represent your interests and work towards an amicable or judicial resolution.
Additional Resources
Several resources and organizations can assist with Private Client matters in Taiwan, including:
- Judicial Yuan - oversees the court system and legal processes
- Ministry of Justice - provides guidance on civil, matrimonial, succession, and trust law
- National Taxation Bureau - offers information on inheritance and gift tax
- Department of Land Administration - useful for property registration and inheritance issues
- Taiwan Bar Association - can help you find qualified lawyers specializing in Private Client matters
Next Steps
If you need legal assistance with Private Client matters:
- Gather all relevant documents, such as wills, trust deeds, family records, and property titles
- Write down your key questions, concerns, and goals regarding your personal affairs
- Contact a reputable Private Client lawyer with experience in Taiwanese law
- Attend a legal consultation to understand your options and the best way forward
- If necessary, obtain ongoing legal support to manage your assets, plan your estate, or resolve disputes
Seeking professional advice early can prevent costly mistakes and ensure your personal, family, and financial interests are protected in accordance with Taiwanese law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.