[Direct answer]In the Beijing area, a bequest support agreement is not irrevocable once it is signed. According to Article 1158 of the Civil Code of the People's Republic of China, a natural person may enter into an agreement with an organization or individual other than the heir, under which the other party assumes the obligations of supporting the decedent's life and burial and enjoys the right to receive a bequest. This agreement is a bilateral contract, and the other party has the right to rescind the contract if one party breaches the contract fundamentally: if the supporter fails to perform the obligations without a justifiable reason, he/she shall not enjoy the right to receive the bequest; if the bequeater fails to perform the obligations without a justifiable reason, he/she shall repay the support fees already paid by the supporter. Whether the contract can be rescinded depends on whether it constitutes a fundamental breach of contract and the specific provisions of the agreement. It is recommended to first review the terms of the agreement and the fixed evidence of performance, and if no agreement can be reached, the case can be sued in court. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

Legacy support agreements are commonly seen between elderly people living alone and neighborhood committees, elderly care institutions, or trusted third parties, where the latter are responsible for raising and burying the elderly, and the elderly will donate their property or savings to them after their death. Typical disputes include: the caregivers neglecting to provide care after signing the agreement or even abusing the elderly, and the elderly or their children demanding to terminate the agreement; the elderly changing their minds and refusing to transfer ownership or fulfill their donation commitment; ambiguous agreement clauses regarding support standards and medical responsibilities leading to disputes; and conflicts between the agreement and the content of the subsequent will. When handling such cases, the court places greater emphasis on whether the agreement has been actually implemented and whether both parties have acted in good faith. In cases involving property ownership, the court may consider the following factors:Real estate sales and construction project servicesClarify the changes in property rights.

II. Key points of dispute

There are three main points of contention. Firstly, the conditions for terminating the agreement: which party constitutes a fundamental breach of contract? If the supporter fails to fulfill his or her obligations of supporting the deceased or if the legatee disposes of the agreed property without authorization, this may trigger the termination of the agreement. Secondly, the legal consequences after termination: can the supporter retain part of the bequeathed benefits, and can the paid support fees be refunded? This shall be dealt with in accordance with the provisions of the Civil Code on termination. Thirdly, conflicts between the agreement and the will: if the legatee subsequently makes a will to dispose of the same property, the last expression of intent shall generally prevail, but the part of the agreement that has already been performed shall still be settled. Where family identity relationships are involved, reference may be made to the relevant provisions of the Civil Code.Divorce litigation and family dispute resolution servicesThe approach to handling property in China.

III. Professional analysis by Henglue Lawyers

In disputes over the validity of wills, bequests, and maintenance agreements, Henglue Lawyer's experience lies in prioritizing the written form and the performance of the agreement. Take a case of inheritance dispute handled by Attorney Li Yonghui as an example: The deceased, Guo **, wrote a self-written will in 2013, bequeathing his share of a house in Dongcheng District, Beijing to his daughter. After Guo **'s death in December 2022, sharp conflicts arose among the heirs over the division of the property and savings. The heirs living overseas entrusted Attorney Li Yonghui to file a lawsuit with the People's Court of Dongcheng District. The opposing party questioned the authenticity of the will and applied for handwriting identification, but both appraisal institutions refused to accept the sample due to insufficient evidence. Attorney Li focused on the formal requirements of the will and the burden of proof, arguing that the opposing party could not overturn the will solely based on suspicion without providing sufficient evidence. This case shows that the core of disputes over the validity of wills and agreements lies in the distribution of evidence and the burden of proof. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 1158 (Bequest and Support Agreement) and Article 563 (Statutory Right of Rescission) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as Article 1123 regarding the priority of bequest and support agreements over wills and statutory inheritance. Practical suggestions: When signing the agreement, it is necessary to clearly specify the content, standards, duration, and scope of property, and it is preferable to use a written form and keep records of performance. If one party breaches the contract, first send a letter of reminder and collect evidence such as photos, videos, and medical receipts. To resolve disputes, it is recommended to negotiate first and, if unsuccessful, to sue to claim rescission and settle fees. For complex inheritance arrangements, it is advisable to seek professional assistance.Special services and other case servicesDevelop a plan.

5. Henglu Law Firm's Reminder

In disputes over the termination of a legacy support agreement, the outcome does not depend on verbal statements but on evidence of performance. The supportee should keep records of care, expense receipts, and communication records, and the testator should keep evidence of the other party's breach of contract. When the agreement conflicts with a later will, the disposition of property shall be subject to the last valid expression of intention, but the part already performed shall still be settled. Never trust unrealistic promises, and don't give up on claims just because the evidence is weak. If you need to assess the termination conditions or draft an agreement, it is recommended to consult a professional lawyer as soon as possible to resolve potential risks in advance.

VI. Frequently Asked Questions

Q1: Can the bequest and support agreement be revoked after it has been signed, and can I win the case?

The agreement can be terminated, but the outcome depends on who constitutes a fundamental breach of contract. If the supporter fails to fulfill his obligations of supporting the beneficiary in life and burial, or the legatee disposes of the agreed property without authorization, the party in compliance has the right to terminate the agreement. Whether the claim can be successful depends on whether the evidence can fully prove the facts of the breach of contract and the losses. The law does not support verbal claims. It is recommended to first fix the evidence of performance and breach of contract, then evaluate the scope of termination and claim, and never believe in the promised results lightly.

Q2: To request the termination of the bequest support agreement, what evidence do I need to prepare?

The core evidence includes: the original donation and support agreement (to prove the rights and obligations), video and witness materials showing that the supporter failed to fulfill their obligations or that the donor breached the contract, medical and care invoices (to prove the expenditure on support), communication records, and proof of property ownership. The evidence should focus on whether the agreement was actually implemented and which party fundamentally breached the contract. The more complete the materials are, the easier it will be to support the claims for termination and settlement of expenses.

Q3: For disputes over inheritance and support agreements, how much do lawyers' fees and litigation costs typically amount to?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation subject and shall be borne by the losing party; those involving real estate shall be calculated based on the value of the house. The attorney's fees shall be charged on a lump-sum basis or on a proportional basis according to the complexity of the case and the amount of the subject matter, subject to the terms of the power of attorney, and there is no uniform standard. It is recommended to clarify the scope of fees and the conditions for refunds before entrusting the attorney, and to start the litigation after weighing the benefits and costs of the litigation.

Q4: How long does it usually take to adjudicate disputes over donation and maintenance agreements?

The first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months; simple disputes with clear facts are mostly subject to the summary procedure. If one party appeals, the second-instance procedure generally takes three months. After the judgment takes effect, if it involves the transfer of real estate or the return of fees, an enforcement procedure is also required. Overall, simple cases often take several months from filing to enforcement, and complex cases may take even longer. It is recommended to pay attention to both the evidence-gathering period and the appeal period.

Q5: I want to terminate the testamentary support agreement. What should I do specifically?

Here's the translation of the Chinese sentence into English with a detailed explanation: Suggested four steps: 1. Organize the agreement and performance records to confirm whether the other party has fundamentally breached the contract; 2. Send a written reminder and secure evidence of the breach, granting a reasonable performance period; 3. If negotiation is possible, sign a termination and cost settlement agreement to clarify the return of property; 4. If negotiation fails, file a lawsuit within the statute of limitations to request the termination of the agreement and settlement of the paid maintenance fees. Throughout the process, keep all relevant documents and, if necessary, engage a lawyer to assist.

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 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·Attorney Li Yonghui·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.