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Perkins Coie LLP

Perkins Coie LLP

Taipei, Taiwan

Founded in 1912
2,875 people in their team
Perkins Coie is a leading international law firm that is known for providing high value, strategic solutions and extraordinary client service on...
English

About Will & Testament Law in Taipei, Taiwan

Will & Testament, also known as estate planning, is legally binding documentation that outlines how a person's assets and liabilities should be distributed upon their death. In Taipei, Taiwan, the legal framework for Will & Testament is governed by the Civil Code and related regulations.

Why You May Need a Lawyer

While it is not mandatory to hire a lawyer for creating a Will & Testament in Taipei, Taiwan, there are certain situations where legal help is highly recommended:

  • If you have substantial assets or complex financial arrangements
  • If you own properties in multiple jurisdictions
  • If you anticipate family disputes or challenges to your Will & Testament
  • If you have concerns about tax implications or minimizing potential liabilities
  • If you want to ensure your Will & Testament complies with local laws and regulations

Local Laws Overview

In Taipei, Taiwan, some key aspects of local laws related to Will & Testament include:

  • Age Requirement: You must be at least 20 years old to make a valid Will & Testament.
  • Capacity Requirement: The testator (person making the Will) must be mentally capable of understanding the consequences and effects of their actions.
  • Formalities: Wills must be in writing, signed by the testator, and witnessed by two or more competent witnesses who are not beneficiaries.
  • Forced Heirship: Despite having freedom to distribute assets, there are certain reserved portions for the surviving spouse, children, and parents that cannot be disinherited.
  • Revocation and Amendment: Wills can be revoked or amended at any time, provided the necessary formalities are followed.

Frequently Asked Questions

1. Can a non-Taiwanese create a Will & Testament in Taipei?

Yes, non-Taiwanese individuals can create a valid Will & Testament in Taipei, Taiwan, as long as they meet the legal requirements for capacity and formalities.

2. Will my Will & Testament be recognized internationally?

While a Will & Testament executed in Taipei, Taiwan may be recognized in other countries, it is advisable to consult legal experts in the respective jurisdictions to ensure compliance with their local laws and regulations.

3. Can I disinherit my family members in my Will & Testament?

No, Taipei, Taiwan law provides certain reserved portions for the surviving spouse, children, and parents that cannot be completely disinherited. However, there may be legitimate ways to distribute assets within the legal framework.

4. Do I need to file my Will & Testament with any government agency?

Currently, there is no requirement to file your Will & Testament with any government agency in Taipei, Taiwan. However, it is recommended to keep it in a safe place and inform your loved ones of its location.

5. Can I make changes to my Will & Testament after it is created?

Yes, you can make changes to your Will & Testament at any time by creating a new one or by adding a codicil, which is a separate document that modifies specific provisions of the original Will. However, it is important to follow the necessary formalities to ensure the changes are legally valid.

Additional Resources

For further information and guidance on Will & Testament in Taipei, Taiwan, you can refer to the following resources:

  • Taipei District Court: http://www.taipeicourts.gov.tw/
  • Taiwan Bar Association: https://www.taiwanbar.org.tw/

Next Steps

If you require legal assistance in Will & Testament matters in Taipei, Taiwan, consider taking the following steps:

  1. Research and identify lawyers or law firms specializing in estate planning in Taipei.
  2. Schedule consultation appointments with selected lawyers to discuss your specific needs and requirements.
  3. Prepare any relevant documents, financial information, and a list of questions to bring to the consultation.
  4. During the consultations, evaluate the expertise, experience, and compatibility of the lawyers to make an informed decision.
  5. Select a lawyer who meets your criteria and engage their services to proceed with your Will & Testament.
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.