China – Renouncing Hereditary Rights (放弃继承权声明书)
Documents intended for Hong Kong SAR or Macau SAR must be stamped with an apostille from the Department of Foreign Affairs and Trade and do not follow the same process as documents intended for China (mainland).送往中国香港、澳门特区使用的各类文书如已在澳大利亚外交贸易部或其驻各州、领地办事处办理了Apostille（附加证明书），可直接使用，无需再进行认证。
Renouncing Hereditary Rights (放弃继承权声明书) in China
If you have the right to inherit property in China (ie, from your parents or family members), you can also choose to relinquish that inheritance right. For example, when you want to transfer that right to someone else or allow someone else to claim the property.
To relinquish your inheritance in China, you must sign a declaration that you have renounced your hereditary rights. This declaration is the “放弃继承权声明书”.
How to write the “Declaration of Renunciation of Inheritance” / 如何写《放弃继承权声明》
This template is for your reference only. It’s an example of templates commonly used by our clients. We don’t guarantee that this document is relevant or suitable for your specific situation and we encourage you to consult a lawyer in China.
Authentication of documents going to China
Before the Declaration of Renunciation of Inheritance (放弃继承权声明) can be valid in China, it must be:
- Signed in front of a notary public (公证律师)
- Authenticated by the Department of Foreign Affairs and Trade (DFAT) 澳大利亚外交贸易部, and then
- Authenticated by the Chinese Embassy or consulate in your state (ie, 中华人民共和国驻悉尼总领事馆 for Sydney)
If you don’t follow this three-stage process, your power of attorney (or any other authorisation letter) won’t be accepted in China as being legally valid. Also, it may not be recognised in the way that you want it to be recognised. Unfortunately, it will also mean that you’ll incur additional costs and suffer unnecessary delays.
Although many clients arrange for their own authentication with DFAT and the Chinese Embassy or consulate, we can also help. Engaging us means you can avoid the hassles and the hardship of doing it yourself. We’ll lodge and collect the notarised power of attorney from DFAT, and in special circumstances, we also assist clients with lodging with and collecting from the Chinese Consulate in Sydney.
Due to the cost of this service, we generally only provide this service to a select few clients. Be aware that the whole process can take up to 4 weeks to complete.
For more information about authenticating your document with the Chinese Embassy or consulate, visit the information form found on the website of the Consulate General of the People’s Republic of China. 有关在中国大使馆或领事馆认证您的文件的更多信息，请访问中华人民共和国驻悉尼总领事馆网站上的信息表格。
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We're a leading provider of notary public services in Sydney. We're known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice.
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This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.
Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.