[Direct answer]In the Beijing area, this is possible, but in most cases, it constitutes a bequest rather than an inheritance by will. According to Article 113 of the Civil Code of the People's Republic of China, a natural person may make a will to designate one or more of their legal heirs to inherit their personal property, or they may make a will to donate their personal property to the state, collectives, or organizations or individuals other than their legal heirs. Daughters-in-law and sons-in-law are generally not legal heirs, so leaving property to them in a will usually constitutes a bequest. Article 124 of the Civil Code of the People's Republic of China stipulates that the donee shall, within 60 days after learning of the bequest, make a statement of acceptance or waiver of the bequest. If no statement is made within the time limit, it shall be deemed that the donee has waived the bequest. In addition, a widowed daughter-in-law who has fulfilled the main duty of supporting her in-laws, or a widowed son-in-law who has fulfilled the main duty of supporting his parents-in-law, shall be considered as first-order heirs.

I. Problem Background and Typical Scenarios

Many elderly people, when making a will, want to take care of their daughters-in-law or sons-in-law who have long been taking care of them, but they are also worried that doing so will be ineffective or lead to family conflicts. Typical situations include: the elderly want to give part of their savings to their daughters-in-law as a token of gratitude; they want to leave their property to their sons-in-law, but the registration and shares have not been clarified yet; the daughters-in-law or sons-in-law only learn about the content of the will after the elderly person's death and fail to express their opinions in time. Since there are differences in the expression rules between bequest and testamentary succession, misunderstanding them can easily lead to the loss of rights. Therefore, it is necessary to clarify the identity of the donee and the expression method when making a will. You can first learn about it.Inheritance of property and division of family assetsThe relevant rules of the platform.

II. Key points of contention

The controversy focuses on four points: Firstly, whether the donee belongs to the statutory heirs directly affects whether the rules of testamentary succession or donation should be applied; Secondly, the starting point of the 60-day time limit is usually from the time the donee knows about the donation, rather than from the date of making the will or the date of death; Thirdly, the manner of accepting the donation can be a written notice, a notarized statement, or actual possession of the property, but it is recommended to use a written form for easier evidence collection; Fourthly, whether the formal requirements of the will are complete. There are corresponding requirements for self-written, proxy-written, printed, audio-visual, oral, and notarized wills, and non-compliance with the formal requirements may affect the effectiveness of the will.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a will inheritance dispute involving the manner of fulfilling the ancillary obligations in a will. The decedent made a self-written will in July 2023, stipulating that his 88-square-meter house in Fengtai District would be inherited by his spouse, but with the following conditions: after selling the house, he would pay 400,000 yuan to his sister, and 300,000 yuan each to his brother and sister, totaling 1 million yuan, with the remaining funds going to his spouse. After the decedent passed away in September of the same year, the three siblings demanded that the house be immediately auctioned and the proceeds divided, suing the spouse and the decedent's daughter in court. The spouse appointed our firm's lawyers to defend the case. The lawyers developed a two-step strategy: first, to consolidate the validity of the will by providing evidence that the self-written will was written, signed, and stamped by the decedent with the date and time, which was legally binding; second, to strive for a grace period for performance by submitting income certificates and property valuation reports, explaining that selling the house at a low price in the short term would harm all parties' interests, and actively proposing a solution of transferring ownership first and making payments later, that is, transferring ownership to the spouse first, and selling the house and making payments within five years. The court adopted the lawyers' defense arguments, recognized the will as legally valid and respected the parties' negotiated results, ruling that the house would be inherited by the spouse, and that all parties would complete the transfer of ownership within the specified time limit. The spouse would pay a total of 1 million yuan to the three siblings no later than about five years after the transfer. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. The value of this case lies in demonstrating that the validity of a will depends on its form and the expression of intent, while the arrangements for its implementation can be made flexible through negotiation. Similarly, when leaving property to a daughter-in-law or son-in-law, the rules regarding form and intent should also be carefully considered.

IV. Practical suggestions and legal basis

Action list: First, when making a will, clarify the identity of the donee and the scope of the property, and specify whether it is a testamentary succession or a legacy; Second, try to use a notarized will or a standard self-written or proxy-written form, and keep the supporting evidence of the making process; Third, inform the donee to make a written acceptance as soon as possible to avoid exceeding 60 days; Fourth, for real estate and deposits, arrange the transfer and delivery path in advance to reduce disputes among heirs. For matters involving the ownership and transfer of houses, you can refer to the relevant provisions.Real estate transactions and construction projectsFor details about the overall arrangement of family assets, please refer to the relevant informationSpecial services and other casesLegal basis: Articles 1124, 1129, 1133, and 1134 to 1139 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, there are obvious differences in the expression rules between bequest and testamentary succession. If the donee fails to express his/her intention within 60 days, he/she may be deemed to have waived his/her rights. Second, if the widowed daughter-in-law or son-in-law fulfills the main duty of supporting their parents-in-law, they can be regarded as first-order heirs, and the rules of testamentary succession rather than bequest rules shall apply in this case. Third, the testament may not deprive the inheritors who lack the ability to work and have no source of livelihood of their necessary shares. Fourth, all formal requirements of the testament must be met. It is recommended to adopt notarization or lawyer's witnessing to reduce risks. Fifth, when there are both family assets and debts, it is advisable to plan the repayment order together to avoid the inheritance being eroded by debts and thus unable to fulfill the testamentary arrangements.

VI. Frequently Asked Questions

Q1: Can a will leave a house to a daughter-in-law?

Yes. Generally, a daughter-in-law is not a statutory heir, and leaving property to her in a will usually constitutes a bequest. If the daughter-in-law is widowed and has fulfilled her main duty of supporting her parents-in-law, she will be treated as a first-order heir according to the law, and this will constitute testamentary succession. In either case, attention should be paid to the compliance of the formal requirements of the will and relevant evidence should be properly preserved.

Q2: What is the 60-day period for accepting a bequest?

According to Article 1124 of the Civil Code of the People's Republic of China, the donee shall, within 60 days after knowing of the gift, make a statement of accepting or waiving the gift; if no statement is made by the due date, it shall be deemed that the donee has waived the gift. The time limit shall be calculated from the date when the donee knows of the gift. It is recommended to make a statement in writing or by means of a notarized declaration, etc., and to keep the evidence.

Q3: Does a will leaving property to a son-in-law require notarization?

The law does not mandate notarization. However, a notarized will provides greater assurance in terms of form and authenticity, effectively reducing subsequent disputes. If a will is drafted in the form of a self-written or proxy-written will, it must strictly comply with legal requirements, such as being handwritten, signed, and dated, or having two or more witnesses present and signing it.

Q4: If family members disagree, is the will still valid?

A will is a unilateral legal act. As long as it is legally formed, the expression of intent is genuine, and it does not violate mandatory legal provisions, whether other heirs agree with it or not does not affect its validity. However, a will may not deprive heirs who lack the ability to work and have no source of livelihood of their necessary shares. Any part that violates this provision is invalid, but the remaining part remains valid.

Q5: Can a daughter-in-law directly transfer the ownership based on the will?

Generally, this cannot be handled directly. It is necessary to first confirm the validity of the will and complete the expression of accepting the bequest, and then all the heirs shall negotiate to handle the inheritance procedures; if no agreement can be reached, an inheritance lawsuit may be initiated, and the court shall confirm the rights after which the transfer of ownership shall be handled according to the effective legal document. If there are objections from other heirs or rights encumbrances, the procedure will be more complicated.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.