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(Webinar via Zoom) Cross-border Contentious Probate (Between the Mainland of China and Hong Kong)
Sophie Liu, Registered Foreign Lawyer (PRC), JC Legal
Date: 22 April 2026 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: Mandarin 普通話
Fee: HK$ 1,850
Accreditation: (3 CPD Points being applied for - The Law Society of HK)
Ref: L26TP02
Venue: Webinar Course
Presenter's Biography:

With around 15 years of practising experience in PRC, Sophie Liu specialises in cross-border matrimonial law and succession between Shenzhen and Hong Kong. With experience in both contentious and non-contentious matters, she is adept at quickly grasping key facts and formulating effective solutions. Her expertise includes family wealth planning, preservation and succession, which involves analysing family conditions and setting up various instruments such as familial agreements, wills and living wills, voluntary guardianship, family foundations and trusts, as well as family corporate governance structures.

Apart from private client matters, Sophie is well versed in cross-border civil and commercial law as well as dispute resolution. She has extensively advised leading companies in Europe and Asia on foreign investment, corporate governance and regulatory compliance in PRC.
 
Objective:

  • Help Hong Kong legal practitioners have a general understanding of the legal framework and core systems of inheritance in the mainland of China.

  • Clarify the institutional differences between the Mainland of China and Hong Kong, as well as the complex legal application issues and conflict rules in cross-border inheritance.

  • Reveal the common difficulties in the practical operation of cross-border inheritance.

  • Provide practical strategies for preventive planning.

 
Outline:

Part 1 - Similarities and Differences in Legal Foundations: A Deep Comparison of Inheritance Systems between the Mainland of China and Hong Kong

  • Legal sources and Legal Norms

  • Comparison of Inheritance Legal Systems Between the Mainland of China and Hong Kong

    • Scope and order of legal heirs
    • The order of statutory inheritance
    • Statutory inheritance share distribution
    • The form of a will
    • The validity of a will
    • The Special system:The compulsory share system in inheritance
    • Determination of the Scope of Inheritance (Marital Joint Property System vs. Marital Separate Property System)
    • Similarities and Differences in Inheritance Mechanisms (Direct Inheritance vs. Indirect Inheritance)
    • Similarities and Differences in Inheritance Methods
    • Similarities and Differences in the System of Estate Administrators


Part 2 - The "Crossroads" of Application of Law - Determination of Conflict Rules
  • Application of Law to Statutory Inheritance
  • Core connection point: The determination of "habitual residence"
  • The principle of "Movable property follows the person; immovable property follows the location".
  • Application of Law to Inheritance Relations
  • Application of Law to Marital Property Relations
  • Application of Law to the Forms and Effects of Wills
  • Application of Law in Administration of estates


Part 3 - The "Deep Water Zone" of Cross-border Inheritance Practice - Difficulties and Countermeasures

From the perspective of inheriting the heritage of the mainland of China:
  • Conflict of Application of Law
  • Property verification
  • Establishing the factual basis for a succession claim presents challenges
  • Obstacles in the authentication and transmission of cross-border inherited documents
  • Tax compliance
     Compliance with foreign exchange regulations for inheriting property abroad


Part 4 - Summary and Q&A
 
Category: Trust, Succession & Probate
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