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Getting the assets of dead expats

(China Daily)
Updated: 2011-05-11 08:22

If an expat dies in Beijing, what happens to the money in his bank account? Would it matter if they had a last will and testament?

If an expat dies in Beijing, his or her money will go to their family. The situation is the same as if a Chinese citizen dies and his family members inherit his assets. The expat's family members need to present the deceased's identification documents and a death certificate to a Chinese embassy or consulate in their native country to get a kinship relationship certificate, which will be needed to get an inheritor certificate from a Beijing notary office. If there is a family dispute over the inheritance, a Beijing court will hear the case, depending on the location of any property and the deceased expat's place of residence. Unclaimed assets will belong to the government. The bank will transfer any money in the deceased's account to the inheritors, or alternatively pay inheritors the money on presentation of the required documents, such as an ID, death certificate and inheritance certificate.

I recently opened a small coffee shop in Beijing with a Chinese partner. We have a 50-50 share in the business, but one day I arrived to find he had closed the cafe, emptied the joint bank account and left town. What should I do?

By running off with the money, the Chinese partner is guilty of embezzlement. Go to your local police station to report the case and officers will launch an investigation. If the offender has fled, police will search online. When the offender is taken into custody, a district court will hear the case. Any money that was embezzled will be returned.

How do I know I am being taxed the right amount?

Consumption tax is included in the price when you buy anything, while other individual taxes cover income and windfalls. The tax for windfalls is 20 percent. The tax on your salary is based on a graduated formula and can be troublesome to work out. Use easycalculation.com/tax/china.php for a quick calculation.

Need advice from METRO's legal experts? E-mail your questions to metrobeijing@chinadaily.com.cn. Please give as many details about your situation as possible. Answers supplied by Zhao Jianping at Dajia Law Firm on 6551-1122.

(China Daily 05/11/2011 page)