hypothetical situation

hypothetical situation
Mar 14, 2009 05:20
GAFFER Points: Join Date: May 22, 2008 Status: offline	If a foreigner marries a Chinese women who owns her own apartment and anything happens to her (dies through illness etc) is there a legal process similar to a Will and Testement as in the west (a legal document stating her wishes for who inherits her possessions, money, property etc)? A similar situation also if the husband buys a property in his wifes name or has money in bank accounts in her name. I know in some countries (Indonesia for instance) that her possesions etc. would go to her family, not her husband, regardless of her wishes. Should I also assume that after her death his visa (extended visitors visa) would elapse and he would have to return to his country?

Mar 14, 2009 05:20

GAFFER
Points:
Join Date: May 22, 2008
Status: offline

If a foreigner marries a Chinese women who owns her own apartment and anything happens to her (dies through illness etc) is there a legal process similar to a Will and Testement as in the west (a legal document stating her wishes for who inherits her possessions, money, property etc)?

A similar situation also if the husband buys a property in his wifes name or has money in bank accounts in her name.

I know in some countries (Indonesia for instance) that her possesions etc. would go to her family, not her husband, regardless of her wishes.

Should I also assume that after her death his visa (extended visitors visa) would elapse and he would have to return to his country?

Mar 15, 2009 00:05

GUEST33232

1 If a foreigner marries a Chinese women who owns her own apartment and anything happens to her (dies through illness etc) is there a legal process similar to a Will and Testement as in the west (a legal document stating her wishes for who inherits her possessions, money, property etc)?

In China, a legally witmessed will is effective and the testators can deal with all of him/her properties in him/her will.Wills shall manifest the genuine intention of the testators; those made under duress or as a result of fraud shall be void.
If the testators didn't have will, him/her inheritance shall be inherited by following people:

1 spouse, children, parents;(they have the same proportion share);
If he/she has no the above mationed relatives or they give up inheriting, the inheritance shall be inherited by following people:
2 brothers, sisters, grandparents.

According to the Matrimonial law of China, if the properties or possessions,got by one party of couple before they got married, the such properties, possessions, shall belong to this party and the other party only can get same proportion of properties with other lawful heir after such party died.

2 A similar situation also if the husband buys a property in his wifes name or has money in bank accounts in her name.

If a property was bought after they got married, whatever in whose name, the property or money shall belong to both of them, they have half right of such possessions, unless they have otherwise agreements.

3 Should I also assume that after her death his visa (extended visitors visa) would elapse and he would have to return to his country?

You can assume these based on the marital relations but not on where he staying.

Mar 15, 2009 06:30	#2
GAFFER Points: Join Date: May 22, 2008 Status: Offline	Thanks Guest 33232, I may sleep a little easier now (I think) and allow her out of the sterile room and fire the armed body guard ;o)

Post a Reply to: hypothetical situation