[Direct answer]For those who have signed a legacy and support agreement. According to Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021), after the inheritance begins, the succession shall be handled in accordance with the statutory succession; where there is a will, the succession shall be handled in accordance with the will or the legacy; where there is a legacy and support agreement, the succession shall be handled in accordance with the agreement. That is to say, the effectiveness of the legacy and support agreement takes precedence over the will, and the will takes precedence over the statutory succession. If the decedent has signed a legacy and support agreement and also made a will, and there is a conflict between the two regarding the disposition of the same property, the agreement shall be handled first, and the contents of the will that conflict with the agreement shall no longer be executed; the contents of the will that do not conflict with the agreement shall still be valid. Before handling the matter, it is necessary to first check the signing time of the agreement and the will, the parties involved, and the scope of disposition, and refer to the agreement when necessary.Inheritance and division of estateColumn.

I. Problem Background and Typical Scenarios

This conflict is common in several situations: First, the elderly first sign a bequest and support agreement with their grandchildren, friends, or elderly care institutions, entrusting them with the responsibility of supporting and burying the elderly, and then make a will to leave the same property to their own children; Second, in remarried families, both parties have separate agreements on elderly support and property ownership, while one party still holds a will to dispose of the property; Third, after signing the agreement, the elderly change their minds and make a self-written, assisted, or notarized will; Fourth, the agreement only covers part of the property, while the will disposes of the remaining property, and family members have disputes over the boundaries; Fifth, if the caregivers fail to fulfill their obligations of support, the heirs claim to return to the will or statutory inheritance. When handling similar cases in Beijing, the court usually first reviews the authenticity of the agreement and the will, the order of signing, and the overlap of property. For family arrangements, the court may also refer to relevant provisions of the Marriage and Family Code of the People's Republic of China.Marriage and family affairs, and divorce litigationColumn.

II. Key points of contention

Focus I: The application of the order of precedence rule. According to Article 1123 of the Civil Code, the validity of the bequest and support agreement takes precedence over the will and statutory inheritance. Focus II: The definition of the scope of conflict. Only the parts of the will that conflict with the same property disposed of in the agreement will not be executed, and the remaining contents of the will will still be valid, rather than the entire will being invalidated. Focus III: Review of the validity of the agreement, including whether it is based on true intent, whether there is fraud or coercion, and whether the support obligation has been actually fulfilled. Focus IV: Restrictions on the subject of the agreement. According to Article 1158, the supporter must be an organization or individual other than the heir. Focus V: The validity of the parts of the will still needs to be reviewed for formal requirements and authenticity according to Article 1143. Focus VI: If the supporter fails to fulfill their obligations without a justifiable reason, resulting in the termination of the agreement, they will not be entitled to the right to inherit the bequest. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. For matters involving the ownership of real estate, reference may be made to relevant provisions.Real estate transactions and construction projectsColumn.

III. Professional analysis by Henglue Lawyers

Taking a will inheritance dispute handled by our firm as an example, we can observe the process of realizing the disposition of the property in the will. In July 2023, Wang *5 made a self-written will, leaving an 88-square-meter house in Fengtai District to his spouse, Zhou Min, with the following conditions: after selling the house, he would pay 400,000 yuan to his sister and 300,000 yuan to his younger siblings, totaling 1 million yuan. In September 2023, Wang *5 passed away. His three siblings sued to request the immediate auction of the house and the division of the proceeds. Zhou Min entrusted Attorney Yuan Hang from Beijing Henglue Law Firm to defend against the lawsuit. The attorney developed a two-step strategy: on the one hand, he provided evidence that the will was written by Wang *5 himself, signed and dated, with complete formality, and claimed that the will was legally valid according to Article 1134 of the Civil Code; on the other hand, he submitted income certificates and a property valuation report of approximately 4.5 million yuan, pointing out that immediate auction would result in a low-price disposal that would harm the interests of all parties. He proactively proposed a solution of first transferring ownership and deferring payment. The Fengtai District Court adopted the attorney's arguments, ruling that the house would be inherited by Zhou Min and the transfer of ownership would be completed by January 14, 2025. Zhou Min would pay 1 million yuan no later than July 14, 2029. This case shows that the realization of the disposition of the property in the will depends on the validity and enforceability of the will. If the decedent also signed a gift and support agreement that conflicts with the will, the agreement should be given priority according to Article 1123 of the Civil Code. 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 suggestions: First, conduct a comprehensive review of the agreements and wills signed by the decedent during his lifetime, and verify the signing time, participating individuals, and the situation of witnessing and notarization; Second, compare whether the scope of property overlaps, and determine the priority of the agreement only for the overlapping part, while the remaining property shall still be handled in accordance with the will or statutory inheritance; Third, pay attention to collecting evidence of the actual performance of the maintenance obligation, such as care records, medical accompaniment, payment vouchers, and testimonies from neighbors; Fourth, if the maintainers fail to fulfill their obligations, other parties may legally claim to terminate the agreement and pursue accountability; Fifth, clarify the ownership of major assets such as real estate as soon as possible and handle the transfer of ownership to avoid prolonged indecision after the start of inheritance. Relevant documents and procedural points can be referred to for reference.Special services and other casesThe column. In terms of legal basis, Article 1123 of the Civil Code of the People's Republic of China establishes the application order of bequest support agreements, wills, and statutory inheritance; Article 1158 stipulates the subject of the conclusion of bequest support agreements; and Article 1133 stipulates that natural persons may make wills to dispose of their personal property.

5. Henglu Law Firm's Advice

Risk Alert: Firstly, the donation and support agreement has the highest priority. Before signing it, it is necessary to comprehensively arrange all the assets to avoid conflicts with existing wills and triggering lawsuits. Secondly, the support obligations must be fulfilled in a practical and continuous manner. If there is only an agreement but no actual performance, it will be difficult to obtain the donated property. Thirdly, the will will only not be executed within the scope of conflict with the agreement. Do not mistakenly believe that the entire will is invalidated. Fourthly, the original copies of the agreement and the will should be properly kept and preserved as evidence to prevent difficulties in providing evidence in the future. If you need to assess the property priority and evidence situation of a specific case, you can refer toBeijing Henglu Law FirmFor the inheritance section on the official website, it's advisable to consult a professional lawyer as soon as possible.

VI. Frequently Asked Questions

Q1: In the event of a conflict between a legacy maintenance agreement and a will, whose opinion should prevail?

It refers to the agreement on legacy and support. According to Article 1123 of the Civil Code, if there is an agreement on legacy and support after the commencement of inheritance, the inheritance shall be handled in accordance with the agreement; if there is no agreement, the property shall be dealt with according to the will, and finally by statutory inheritance. When the two documents conflict over the same property, the agreement shall be implemented first, and the content of the will that conflicts with the agreement shall no longer be executed; the part of the will that does not conflict with the agreement shall still be valid. It is recommended to first clarify the signing time and property scope of the two documents, and then determine whether the conflict really exists.

Q2: What evidence do I need to prepare if I want to handle the inheritance according to the will?

The following items should be prepared: 1. The original will, checking the signature, date, and formal requirements. 2. The original bequest and support agreement, verifying whether the subject is someone other than the heirs. 3. Evidence of the fulfillment of support obligations, such as care records, receipts for care expenses, and certificates from neighbors and the community. 4. Proof of property ownership, such as property ownership certificates and purchase contracts. 5. Correspondence records that help clarify the order of signing and the true intent of the agreement. The more complete the evidence is, the more likely the court will accurately determine the order of succession and the scope of rights.

Q3: How much does it cost to litigate such inheritance cases?

The fees mainly include attorney's fees and litigation fees. The attorney's fees are determined through negotiation based on the complexity of the case, the subject of the property, and the evidence, with no uniform standard. The litigation fees are charged in stages according to the amount of property involved in the litigation request, and the successful party shares the fees proportionally. For cases involving disputes over priority and effectiveness and not involving large-scale property appraisal, the fees are relatively manageable; for cases involving property appraisal and appraisal, the fees will increase accordingly. It is recommended to consult on the scale of the property and the focus of the dispute before making a budget.

Q4: How long does it take to resolve a dispute over a legacy and support agreement?

The first-instance ordinary procedure generally lasts no more than six months, and the case involving simple procedures lasts about three months; if it involves handwriting identification, investigation of the performance of alimony obligations, or property evaluation, the period of identification and evaluation will not be included in the trial period, and the overall cycle will be extended accordingly. The second-instance procedure lasts about three months. If the dissolution of the agreement and the return of the property need to be handled in separate cases, the time will be further increased. Fixing the original agreement and the evidence of performance as soon as possible is the key to shortening the cycle.

Q5: What should I do if I find a conflict between the will and the agreement?

The first step is to collect the original copies of the agreement and the will, and verify the signing time, the parties involved, and the scope of the disposition of the property. The second step is to confirm whether the maintenance obligations have been actually fulfilled, and if necessary, apply for investigation and evidence collection. The third step is for all the heirs to negotiate first. If an agreement can be reached, they can sign a distribution agreement and handle the transfer of ownership. The fourth step is to promptly sue if no agreement can be reached, and request confirmation of the order of succession and shares. The fifth step is to prepare ownership materials simultaneously for the transfer of real estate, and have a lawyer formulate a litigation plan.

The above Q&A mainly refers to the judicial practice in Beijing. There may be differences in the adjudication guidelines in different 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 relevant evidence to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.