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About Will & Testament Law in Kaohsiung City, Taiwan

Will & Testament law in Kaohsiung City, Taiwan, is a part of the broader inheritance regulations under Taiwanese law. These laws aim to ensure a person's final wishes regarding the distribution of their assets are respected and upheld. Creating a Will allows an individual to designate who will receive their property and assets upon their death, making the process smoother for surviving family members and friends.

Why You May Need a Lawyer

Legal assistance is often required in various scenarios related to Wills & Testaments:

  • Complex estates: If you have a significant amount of assets or complex financial holdings, a lawyer can help ensure everything is properly documented.
  • Blended families: Legal advice can be crucial when you have children from different marriages or relationships and wish to distribute assets fairly.
  • Business ownership: Passing down a business can be legally complicated and requires specialized legal knowledge.
  • Minors as beneficiaries: Special arrangements need to be made if beneficiaries are underage.
  • Disputes and challenges: A lawyer can help mitigate the risk of your Will being contested or ensure resolutions in case of disputes.

Local Laws Overview

Key aspects of local laws in Kaohsiung City relevant to Wills & Testaments include:

  • Legal age: The testator (person making the Will) must be at least 20 years old.
  • Types of Wills: Holographic Wills (handwritten, dated, and signed by the testator), Notarial Wills (prepared by a notary public), Sealed Wills, and Oral Wills (limited to specific urgent situations).
  • Witnesses: Notarial Wills and Sealed Wills require two or more witnesses.
  • Mandatory heirs: Taiwanese law provides for statutory shares to certain heirs like spouses and children, which cannot be completely disinherited.
  • Revocation and amendments: A Will can be revoked or amended at any time before the testator’s death.

Frequently Asked Questions

What is the minimum age to create a Will in Taiwan?

The minimum age to create a Will in Taiwan is 20 years old.

What types of Wills are valid in Taiwan?

Valid Wills in Taiwan include Holographic Wills, Notarial Wills, Sealed Wills, and Oral Wills (under urgent circumstances).

Can I disinherit my spouse or children?

While you can make specific bequests, Taiwanese law mandates statutory shares for spouses and children, meaning they cannot be completely disinherited.

Do Wills need witnesses in Taiwan?

Witnesses are required for Notarial Wills and Sealed Wills, but not for Holographic Wills.

Can I amend my Will after it's made?

Yes, you can revoke or amend your Will at any time before your death.

What happens if I die without a Will in Kaohsiung City?

If you die without a Will, your estate will be distributed according to Taiwan’s intestate succession laws, prioritizing close relatives.

Do I need to register my Will?

Registering a Will is not mandatory, but it can be deposited with a court or a notary for safekeeping.

Can a foreigner create a Will in Taiwan?

Yes, a foreigner can create a Will in Taiwan, but it must comply with Taiwanese laws to be valid.

Is a foreign Will recognized in Taiwan?

A foreign Will can be recognized in Taiwan if it meets specific requirements and is validated through legal processes.

How long does probate take in Taiwan?

The duration of probate can vary depending on the complexity of the estate, but it typically takes several months to a year.

Additional Resources

Here are some resources that might be useful for those seeking legal advice on Wills & Testaments in Kaohsiung City:

  • Kaohsiung Bar Association
  • Legal Aid Foundation, Kaohsiung Branch
  • Ministry of Justice of Taiwan
  • Kaohsiung City Government Legal Affairs Bureau

Next Steps

If you need legal assistance with Wills & Testaments in Kaohsiung City, Taiwan, consider following these steps:

  • Consult with a qualified lawyer who specializes in inheritance law.
  • Gather necessary documentation related to your assets and personal information.
  • Discuss your wishes and goals clearly with your lawyer to ensure they are accurately reflected in your Will.
  • Regularly review and update your Will as needed, especially after major life events such as marriage, divorce, or the birth of children.
  • Consider safekeeping options for your Will, such as legal deposits with a notary or a trusted person.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.