[Direct answer]It is necessary. According to Article 1124 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the donee shall, within 60 days after knowing of the gift, make a statement of acceptance or waiver of the gift; if no statement is made within the time limit, it shall be deemed that the donee waives the gift. Nephews do not belong to legal heirs. Leaving property to nephews in a will is legally a gift, so the donee must make a written and evidence-based statement of acceptance within 60 days. Conversely, an heir's waiver of inheritance must be made in writing before the estate is dealt with. If no statement is made, it shall be deemed that the heir accepts the inheritance.

I. Problem Background and Typical Scenarios

The elderly person made a will to leave their property or savings to their nephew, and attached relevant conditions. After the elderly person passed away, if the nephew thinks, "Since the will is written, it naturally belongs to me," and delays making a statement for a long time, he may be deemed to have waived his rights due to exceeding the sixty-day time limit. There are also cases where people verbally agree to accept the inheritance but fail to provide evidence. How to calculate the time limit and what constitutes a valid expression are the most crucial issues that the donee needs to clarify.

II. Key points of contention

First, the starting point of the time limit: It shall be calculated from the date when the donee knows about the gift, rather than from the date of the decedent's death. Second, the form of expression: oral, written, announcement, etc., and their evidentiary value. Third, the difference from the heirs: the heirs accept the inheritance by default, while the donees waive their right to inherit by default. Fourth, exceptions and disputes: the impact of disputes over the validity of the will on the time limit.

III. Professional analysis by Henglue Law Firm

When handling cases of inheritance by will, Henglue Lawyers repeatedly remind clients to pay attention to this time limit. From a practical perspective, the donee should grasp three key points. First, the starting point and burden of proof: The 60-day period begins from the date when the donee "learns about the gift". The time point of knowing this often requires evidence, such as receiving the will text, receiving notifications from the executor or heirs, or records of participating in estate negotiations. If the donee has not been informed for a long time, they should not be held accountable for the delay, but the claimant needs to provide evidence of the time point of knowing this. Second, the form of expression: The most reliable way is to submit a written acceptance statement to other heirs or estate managers and retain the delivery receipt. If necessary, notarization or mailing for storage can also be used. Making a clear statement of acceptance in litigation or mediation can also produce corresponding legal effects. Third, the differences from the rules for heirs: If the heir does not express their waiver before the estate is handled, they are deemed to have accepted the inheritance; while if the donee fails to express their acceptance within the time limit, they are deemed to have waived the gift. This difference often leads to misjudgments by clients. In practice, there are also cases where the donee publishes a notice in the newspaper or notifies other heirs in writing within 60 days after the death of the decedent. As long as the time and recipients of the expression can be proven, the effect will be more certain. It should be noted that if there are disputes over the validity of the will, the donee should still make an acceptance statement within the time limit and separately claim the validity of the will to avoid losing rights due to the expiration of the time limit.

IV. Practical suggestions and legal basis

Action List: 1. Calculate the 60-day time limit immediately after learning about the bequest and record the basis for its commencement; 2. Submit a written acceptance notice to other heirs or estate administrators, and retain the mailing receipt, signed document, or notarized certificate; 3. If there are objections to the validity of the will, accept the notice and proceed with the validity claim simultaneously; 4. For real estate matters, handle subsequent registration procedures based on the will and the acceptance notice. Main Legal Basis: Articles 1124, 1133, and 1134 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three pieces of advice on inheritance and bequest: 1. The sixty-day time limit starts from the date you learn about the inheritance. It’s crucial to keep records of all relevant actions. 2. If an heir fails to respond, it’s assumed they accept the inheritance. Similarly, if a bequeathee fails to respond, it’s assumed they renounce the bequest. Don’t confuse these two concepts. 3. Even if there are disputes over the will, heirs and bequeathees must first comply with the time limits for making their declarations before challenging the validity of the will. For matters involving inheritance, wills, and estate division, you can seek legal assistance through the following channels:Inheritance of property and division of family assetsThe service provides a comprehensive solution that integrates estate debts and executions.Creditor's rights and debts, and enforcementFor reference, you can check the sections related to the form of wills and the need for notarizationSpecial servicesFor those interested in the transfer of heritage properties, please refer to the relevant column for more informationReal estate transactions and construction projectsFor the column, you can consult us about the texts of agreements and declarationsBusiness and contract disputes in enterprisesFor teams involved in cross-disciplinary family disputes, please feel free to contact us.Divorce litigation and family disputesTeam.

VI. Frequently Asked Questions

Q1: If you don't make a statement, does that mean you'll definitely not get the bequeathed property?

In principle, yes. According to Article 1124 of the Civil Code, if the donee fails to express his or her acceptance within the time limit, he or she shall be deemed to have waived the right to accept the gift. Therefore, even if the will clearly states that the gift is left to the nephew, if he or she fails to express his or her acceptance within 60 days, he or she may still lose the right to accept the gift. The exception mainly applies to situations where there is a dispute over the time of knowing the facts.

Q2: What's the most reliable way to express acceptance, and what kind of evidence is needed for this?

It is recommended to submit the acceptance statement to other heirs or estate administrators in writing, and to fix the time and the object through mailing, signing for receipt, or notarization; it is also acceptable to expressly accept the inheritance in litigation or mediation. The key point is to be able to prove that "within the time limit, a clear intention of accepting the inheritance has been expressed to the relevant parties".

Q3: Does it cost money to handle the acceptance of a bequest?

There's basically no cost for writing and delivering the statement yourself; if you choose to use a notarized document or a lawyer's letter, you'll need to bear the corresponding notarization fees or lawyer's fees, the amount of which will depend on the subject matter and the agency's standards. Compared to the potential loss of the estate's value, the cost of such expenses is usually very low, and it's worth the investment.

Q4: Can the 60-day deadline be extended?

This time limit is a statutory time limit and is generally not extended due to the subjective will of the parties. If it is impossible to express the intention due to objective obstacles such as force majeure, the party concerned may claim the corresponding rights after the obstacles are removed, but they need to provide evidence. In practice, it is more prudent to make an acceptance within the time limit first to avoid disputes.

Q5: If the will is challenged as invalid, do I still need to make a statement within 60 days?

Yes. The time limit and the validity of the will are two separate issues. The donee should make an acceptance within the time limit and claim the validity of the will separately. Otherwise, they may be deemed to have waived the right to receive the gift upon the expiration of the time limit. Even if the will is subsequently confirmed to be valid, they may still lose their corresponding rights.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.