Best Will & Testament Lawyers in Taiwan

About Will & Testament Law in Taiwan

In Taiwan, the laws governing Wills and Testaments are designed to ensure that an individual's final wishes regarding the distribution of their estate are honored after their death. The legal framework allows for comprehensive documentation of one's assets and the designation of heirs. Taiwanese inheritance law typically operates under the principles of civil law, requiring that Wills adhere to specific formats and stipulations to be considered valid. Common forms of Wills include holographic, notarial, and nuncupative, each with its own formal requirements.

Why You May Need a Lawyer

Navigating the complexities of Will & Testament law can be challenging, particularly if estate matters are intricate or disputes arise. Situations where legal advice may be necessary include:

• Ensuring that a Will meets all legal requirements and is enforceable in court.
• Estate planning, to maximize the benefits to beneficiaries and minimize legal issues.
• Handling disputes among heirs or challengers to the Will.
• Managing unique assets or international estates that require cross-border legal knowledge.
• Updating Wills in accordance with changing laws or personal circumstances.

Local Laws Overview

Taiwanese law stipulates that a Will must be created by individuals who are of sound mind and are at least 20 years old. There are several types of Wills recognized in Taiwan:

• Holographic Will: Written entirely in the testator’s handwriting and signed by the testator.
• Notarial Will: Created before a notary or public official and witnessed by two independent parties.
• Nuncupative Will: An oral Will generally accepted only in exceptional situations such as during emergencies.

Any amendments to a Will should also be formalized through legal processes to avoid disputes. Additionally, Taiwan recognizes statutory heirs in a hierarchical structure, including spouses, children, and parents who have precedence if no Will is present.

Frequently Asked Questions

What is the legal age to make a Will in Taiwan?

The legal age to make a Will in Taiwan is 20 years old.

What happens if there is no Will?

If no Will is present, intestate succession laws apply, distributing the estate among statutory heirs such as the spouse, children, parents, and other relatives.

Can a Will be contested in Taiwan?

Yes, a Will can be contested under circumstances such as lack of testamentary capacity, undue influence, or non-compliance with legal formalities.

Are there any tax implications for inheriting an estate?

Yes, inheriting an estate in Taiwan may involve inheritance taxes. It's advisable to consult a legal expert to understand tax liabilities.

Can foreigners make a Will in Taiwan?

Yes, foreigners can make a Will in Taiwan, but they should ensure compliance with Taiwanese legal requirements to validate the document.

How can I revoke or amend my Will?

A Will can be revoked or amended by creating a new Will or through specific revocation procedures, such as physical destruction of the original Will with intent to revoke.

Is it possible to disinherit someone in Taiwan?

Yes, disinheritance is possible, but it requires clear expression within the Will; however, statutory heirs may have minimum protected shares.

What is a minimum protected share?

A minimum protected share is a portion of the estate that statutory heirs are entitled to, regardless of the Will’s terms, unless validly disinherited.

How is a joint Will handled under Taiwanese law?

Joint Wills are not commonly practiced in Taiwan as each individual is encouraged to create their own separate testamentary documents.

What steps should I take if I suspect a Will is forged?

If you suspect forgery, seek immediate legal assistance to challenge the Will in court for proper legal evaluation and potential annulment.

Additional Resources

For more information on Wills and Testaments, the following resources may be helpful:

• The Judicial Yuan of Taiwan for legal text and guidelines.
• Local bar associations for referrals to qualified estate lawyers.
• Governmental agencies like the Ministry of Justice for updates on legislative changes.

Next Steps

If you require legal assistance, consider taking the following steps:

• Consult with a specialized attorney in estate matters to discuss your specific needs and desired outcomes.
• Document and organize all personal assets and debts to facilitate efficient estate planning.
• Stay informed of any changes in law that might affect Wills and inheritance.
• Seek educational workshops or seminars by legal professionals for deeper understanding and updates.