In the era of globalization, more and more citizens are moving abroad. Our law firm frequently encounters cases where clients need to handle both domestic and overseas inheritance procedures due to the death of a foreign relative. However, transnational inheritance itself requires dealing with inheritance laws from different countries. In the past, due to clients' unfamiliarity with foreign laws, communication barriers during the inheritance process often led to delays of several years.

Can Taiwanese citizens inherit overseas assets of their relatives?

According to Article 1148 of the Civil Code of Taiwan,an heir inherits all the rights and obligations related to the deceased's property from the moment the inheritance begins. Additionally, under Article 58 of the Act on the Application of Foreign Civil Laws, inheritance is governed by the domestic law of the deceased's country at the time of their death. However, under Taiwanese law, Taiwanese citizens can inherit assets in Taiwan. Therefore, in principle, Taiwanese citizens, if they meet the requirements of Taiwanese law, can inherit the assets of their overseas relatives! However, if the country where the relative passed away has special provisions (such as for inheriting real estate abroad), related inheritance restrictions must still follow the laws of that country.

How to handle inheritance of overseas assets?

When a Taiwanese citizen living abroad passes away, based on our firm's experience, the following documents are typically required:

1. Proof of relationship between the heir and the deceased from the relevant authority in the foreign country.
2. The deceased's death certificate.
3. Whether the deceased had a will, and if so, the original will and relevant legal certification documents must be submitted.
4.  A list of the deceased's assets, including all movable and immovable property.
5. Notarized power of attorney and other documents.

And inheritance tax must be paid according to the laws of that country. In some countries, court procedures may also be required before the inheritance can be processed.

What if the heir is abroad and cannot return to Taiwan?

Conversely, in the era of globalization, many Taiwanese citizens living abroad may, for various reasons, be unable to return to Taiwan to handle inheritance procedures when a family member passes away. In such cases, not only does the inheritance relationship remain unsettled, but there is also a risk of fines imposed by the authorities for failing to complete the inheritance registration. In these situations, not only is a notarized power of attorney required, but domestic representatives must also assist with the submission of relevant documents and forms for processing!

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