[Direct answer]Generally, this is effective, but two points need to be noted. Firstly, grandchildren are usually not legal heirs. Leaving property to grandchildren is generally considered a bequest in legal terms. As long as the will is legally valid and the intention of the testator is genuine, it will take effect. The donee should make a statement of acceptance within 60 days after learning of the bequest. Secondly, regarding unborn grandchildren, according to Article 16 of the Civil Code of the People's Republic of China (effective from January 1, 2021), when it comes to the protection of fetal interests such as inheritance of property and acceptance of gifts, the fetus is deemed to have civil capacity. Article 1155 stipulates that when dividing the estate, the inheritance share of the fetus shall be reserved. If the fetus is stillborn at the time of delivery, the reserved share shall be handled in accordance with the provisions of statutory inheritance.

I. Problem background and typical scenarios

When an elderly person wants to leave their house or savings directly to their unborn grandchildren during their lifetime, it expresses their intergenerational love. However, grandchildren are not first- or second-tier legal heirs. Whether the bequest to grandchildren is considered an inheritance or a gift, whether unborn children can accept it, and what to do if the child dies after birth—these are often confusing issues for families. Clarifying these questions is essential to ensure that the will is effectively implemented.

II. Key points of contention

First, the legal nature: Does giving to grandchildren constitute testamentary succession or a gift? Second, the status of the fetus: Can unborn grandchildren become donees of a gift? Third, the 60-day period for acceptance: Who can make the acceptance on behalf of the donee? Fourth, reserved shares and exceptions: How to handle the situation where the fetus is stillborn after delivery.

III. Professional analysis by Henglue Lawyers

A will inheritance dispute handled by Henglue Law Firm illustrates the relationship between the validity and enforceability of a will. In July 2023, the decedent drafted a self-written will, stipulating that his house in Fengtai District, Beijing would be inherited by his spouse, Zhou Min. The will also contained conditions: after selling the house, he would pay 400,000 yuan to his sister, Wang Mou1, and 300,000 yuan each to his brothers, Wang Mou2 and Wang Mou3, totaling 1 million yuan. His ex-wife's daughter was excluded from the inheritance. After the decedent's death, the three siblings sued to immediately auction the house and divide the proceeds. Henglue Law Firm represented Zhou Min in the defense. On the one hand, the firm provided evidence that the self-written will was legally valid, meeting the formal requirements of Article 1134 of the Civil Code. On the other hand, the firm proposed a plan for fulfilling the obligations, including transferring ownership first and paying the money within five years. The court ultimately ruled that the will was legal and valid, ordering the house to be inherited by Zhou Min and requiring her to pay 1 million yuan within the specified timeframe. This case highlights that a will must not only specify "who inherits," but also clarify the form, scope, and fulfillment methods to ensure its enforceability. When reserving shares for grandchildren or even unborn descendants, these elements must also be clearly defined. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action List: 1. Clearly specify the identity and relationship of the donees in the will, and clearly define the scope of the reserved portion of the property; 2. For unborn grandchildren, have their parents act as legal representatives to express their acceptance of the gift and retain written materials; 3. Note the 60-day period for expressing acceptance, which starts from the date the donee becomes aware of the gift; 4. If the fetus is stillborn at birth, promptly handle the reserved portion in accordance with statutory inheritance laws. Main Legal Basis: Articles 16, 1124, 1133, 1134, and 1155 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Three key points of intergenerational wills: Make more bequests to grandchildren and express acceptance within 60 days; Protect the interests of fetuses and reserve their shares during division; If the child is stillborn, reserve their shares and return them to statutory inheritance. For matters involving will inheritance and family property division, you can seek legal assistance through the following channels:\nInheritance of property and division of family assetsWe provide a comprehensive solution for services, which includes the review of the form of the will.Special servicesFor reference, you can refer to the section on the disposition of heritage propertiesReal estate transactions and construction projectsFor those interested in the protection of minors' rights and interests, you can check out the relevant columnsDivorce litigation and family disputesFor the column, you can consult about the terms of the inheritance agreementBusiness and contract disputes in enterprisesThe team involved in the settlement of inheritance debts can be contactedCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: If a will leaves property to a grandson, is this considered inheritance by will?

Generally, this is not considered legal. Grandchildren are usually not included in the scope of legal heirs, and leaving property to grandchildren is legally considered a bequest. The difference is that the donee must express their acceptance of the bequest within 60 days after learning of the bequest. Failure to do so within the time limit will be deemed as a waiver, which is different from the heir's implied acceptance.

Q2: Can unborn grandchildren accept a bequest?

Yes. According to Article 16 of the Civil Code, when it comes to the protection of the interests of the fetus, such as inheritance of property and acceptance of gifts, the fetus is deemed to have civil capacity. Its parents shall act as legal representatives to express their intention to accept on behalf of the fetus, and keep the written materials. The relevant procedures will be confirmed after the birth of the child.

Q3: Are the costs of making a will involving unborn grandchildren high?

The cost is related to whether a dispute arises. Making a will on one's own does not incur any fees, but notarization charges will be levied accordingly; if an inheritance dispute arises, it involves case acceptance fees and attorney's fees, which are calculated based on the value of the estate. Standardizing the form in advance can usually significantly reduce subsequent costs.

Q4: How long will it take to resolve such inheritance disputes?

Undeniably, it usually takes several weeks to complete the inheritance registration based on the will and materials related to kinship; if there are disputes and the case goes to litigation, the first-instance ordinary procedure generally takes three to six months, and it will take longer if it involves appraisal, authentication, or appeal. Whether the evidence is complete directly affects the duration of the process.

Q5: If the fetus dies shortly after birth, how should the inheritance be handled?

When the fetus is delivered alive, the reserved share shall belong to the fetus; if the fetus dies after delivery, the reserved share shall be inherited by the fetus' own heirs in accordance with the law. If the fetus is delivered dead, in accordance with Article 1155 of the Civil Code, the reserved share shall be handled in accordance with the statutory inheritance procedure.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.