[Direct answer]Yes. Grandchildren do not fall within the scope of legal heirs — legal heirs include spouses, children, parents (first order) and siblings, grandparents, and maternal grandparents (second order). If grandparents leave property to their grandchildren by will, this is a gift, not an inheritance by will. The most important difference between the two is the time limit: the donee shall, within 60 days after knowing 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 has waived the gift. Therefore, in the case of a will that "leaves the house to the grandchildren", the grandchildren must promptly and clearly express their acceptance, otherwise they may miss out on the inheritance.

1. Problem background and typical scenarios

Old people love their grandchildren and leave their houses to their grandchildren in their wills. This should be a joyous family affair, but it often fails due to "not knowing how to express acceptance". Some people didn't express their acceptance after their grandfather's death, and were told that they had "been deemed to have given up" when they went to handle the transfer of ownership; others confused bequest with testamentary inheritance, thinking that just putting their names in the will would automatically take effect. The 60-day time limit for bequest is the most easily overlooked and most fatal detail in such disputes.

II. Key points of dispute

First, whether the grandson is a legal heir. Second, the difference between bequest and testamentary succession. Third, the calculation and starting point of the 60-day acceptance period. Fourth, the consequences and remedies for failing to express acceptance within the time limit.

III. Professional analysis by Henglue Lawyers

The first layer: The scope of heirs is statutory. The statutory order of inheritance is spouses, children, parents, siblings, grandparents, and grandparents; grandchildren are not included. If grandparents want to transfer property to grandchildren, it can only be achieved through bequest or subrogated inheritance. The second layer: Three differences between bequest and testamentary inheritance: 1. Different objects: Bequest is given to people outside the statutory heirs, while testamentary inheritance is given to statutory heirs. 2. Different time limits: The donee must express acceptance within 60 days after knowing about the bequest, while testamentary heirs are generally not subject to this 60-day limit. 3. Different consequences: If the donee fails to express acceptance within the time limit, it is deemed as a waiver, while testamentary heirs will be handled according to the inheritance process. The third layer: How to calculate the 60-day period: It starts from the date the donee "knows about the bequest". How to determine "knowledge" is typically based on the opening of the will, notifications, announcements, or the actual time the donee learns about it. Therefore, the donee should express acceptance in writing (e.g., to other heirs or a notary office) as soon as possible and retain the delivery receipt. The fourth layer: Risks and remedies in practice: If the donee fails to express acceptance within the time limit and is deemed as a waiver, it is usually difficult to reclaim the right to receive the bequest. If there are disputes, the court may determine based on whether there was reasonable ignorance or timely assertion of rights through litigation, but don’t pin your hopes on remedies after the fact—timely expression and preservation of evidence are the most reliable approach. In the will inheritance dispute handled by Attorney Yuan Hang of our firm, the lawyer focused on ensuring the formal completeness and true intent of the handwritten will to gradually establish the validity of the will and ultimately enable the execution of the will arrangements. This also highlights that both bequest and testamentary inheritance rely on proper form and time limits to determine their success or failure.

IV. Practical Suggestions and Legal Basis

The first step is to confirm whether the form of the will is complete (handwritten, signed, and with the date and month noted, etc.). The second step is for the grandson to make a written acceptance of the bequest as soon as possible after learning about it and keep the relevant evidence. The third step is to consult a lawyer to assess the scope for remedial action within 60 days if no decision has been made. The fourth step is to prepare the will, the acceptance of the bequest, and the cooperation materials with other heirs when handling the transfer of ownership. Main legal basis: Article 1127 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the scope and order of statutory heirs; Articles 1133 and 1134 regarding the form of wills and self-written wills; Article 1124 regarding the requirement for the donee to express acceptance or waiver within 60 days; Specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Here are the three key points regarding bequests: 1. Grandchildren are not included in the statutory heirs. If grandparents leave property to their grandchildren as a bequest, the grandchildren must explicitly accept the bequest within 60 days of being informed. Failure to do so within the time limit will be deemed as a waiver. 2. The form of the will must be complete. The acceptance of the bequest must be documented, and it’s not advisable to wait until problems arise to rectify the situation. For matters involving testamentary inheritance and bequests, you can seek assistance through legal channels.\nInheritance of property and division of family assetsYou can get a comprehensive solution for the service, which includes assistance with the transfer of real estate ownership.Property sales and construction projectsFor those interested in family relationships, you can refer to the following sectionsDivorce litigation and family disputesFor any questions regarding notarization and document preservation, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Does leaving a house to one's grandson in a will constitute testamentary succession?

No. The grandson is not a statutory heir, but a legatee, so the rules regarding legacies apply to him.

Q2: Within how long must the donee indicate their acceptance of the gift?

The donee shall make a statement of acceptance or waiver within sixty days after knowing that he/she has received the gift. If no statement is made within the time limit, it shall be deemed as a waiver.

Q3: When does the 60-day period start from?

The specific time to determine the date of the donee's knowledge of the bequest shall be calculated from the day the donee knows about the bequest, and shall be determined in combination with the time of opening the will, notification, or actual knowledge of the bequest.

Q4: Can I still take remedial measures if I fail to express my intention within the time limit?

It's usually difficult to reclaim the right to inherit a bequest; if there are indeed disputes, the court may judge based on factors such as whether the recipient was reasonably unaware of the situation, but it's not recommended to rely on remedies after the fact.

Q5: How to indicate the acceptance of a gift?

It is advisable to express this clearly in writing to other heirs or relevant institutions, and to keep the proofs of delivery and notification.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 the event of a dispute, please consult a practicing lawyer in a timely manner.