In today’s video, we will talk about whether or not you can leave all your estate to your mistress.
Article 1127 of the Chinese Civil Code outlines the order of succession for a deceased person’s estate. The legal heirs specified in the law include the spouse, children, and parents, followed by siblings, and paternal and maternal grandparents. The law stipulates that the successor first in order shall inherit the estate, and the successor second in order shall inherit the estate in default of any successor first in order.
It is important to note that the definition of “children” in the law includes children born in or out of wedlock, adopted children, and stepchildren who were raised by the decedent. Similarly, “parents” include blood parents, adoptive parents, and stepparents who raised the decedent. “Siblings” include siblings of whole blood and half-blood, adopted siblings, and stepsiblings who supported or were supported by the decedent.
Under the Chinese Civil Code, acts that offend public order and good morals are prohibited. This includes acts that are not considered ethical in both the western and eastern world, such as having a mistress. Therefore, even if you specify in your will that you would like to leave all your estate to your beloved mistress instead of your wife, such a will is invalid under Article 153.
Moreover, in China, there is no legal recognition of mistresses or extramarital relationships, and mistresses are not considered legal heirs under Chinese law. Therefore, it is not possible to give all your estate to your mistress as inheritance in a will, and doing so may not be recognized by the court.