[Direct answer]In principle, it is possible. A legacy and support agreement is a bilateral agreement in which the supporter assumes the obligations of supporting the supported person during their lifetime and after their death, and the supported person bequeaths their property to the supporter after their death. The agreement takes precedence over wills and statutory inheritance, and the supporter can stipulate that most or even all of the property will belong to the supporter. However, a necessary inheritance share (mandatory share) must be reserved for the heir who "lacks the ability to work and has no source of livelihood", and the supporter must actually fulfill the obligations of supporting the supported person during their lifetime and after their death. Otherwise, the agreement may be rescinded or adjusted. For more details, please refer to the following link:Legal services for inheritance.

1. Problem background and typical scenarios

Legacy and support agreements are commonly seen in families with elderly people living alone, or those without children or whose children are unable to care for them. Typical scenarios include: elderly people signing agreements with neighbors or nannies, stipulating that their property will belong to the other party after their death; supporters worry that "even if it's written down, it might not count", hoping that the agreement can resist future claims by their children; and children believe that the agreement infringes their inheritance rights. In practice, the effectiveness of the agreement takes precedence over wills and statutory inheritance, but a share must be reserved for the beneficiaries of the mandatory portion. In Beijing, attention should also be paid to the real estate registration process. For those involving property ownership, it can be combined with other legal procedures.Real estate sales and construction project servicesClarify.

II. Key points of contention

There are three main points of controversy. Firstly, the order of effectiveness: the donation and support agreement takes precedence over the will and statutory inheritance. If the provisions of the will conflict with the agreement, the latter will be invalidated. Secondly, the mandatory share: whether to reserve a necessary share for heirs who lack the ability to work and have no source of livelihood is a common reason for adjusting the agreement. Thirdly, the performance of obligations: whether the supporters actually assume the obligations of supporting the heirs in life and burial. If the agreement is not performed, it can be rescinded. For cases involving the enforcement of claims, reference can be made to the relevant provisions of the Civil Code.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on Hengluo Law Firm's practical experience in handling family law cases, the core of a bequest and support agreement lies in the "mutual obligation and consideration" and the "minimum reserved share". Although the agreement takes precedence over wills and statutory inheritance, it does not allow unlimited disposal of all property. The law requires that a necessary share of the inheritance be reserved for heirs who lack working capacity and have no source of livelihood, otherwise the relevant portion may be adjusted. At the same time, the supporter must genuinely fulfill the obligations of supporting the elderly and arranging for their funeral. If the supporter only signs the agreement but fails to provide actual care, the bequeather or his/her heirs may claim to terminate the agreement. In the judicial practice of Beijing, the court will review the authenticity and performance of the agreement, rather than simply confirming the ownership of the property based on a written document. Such agreements can be designed with the help of legal professionals.Special servicesImprove it.

IV. Practical suggestions and legal basis

The legal basis is Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021) (inheritance shall be handled in accordance with statutory inheritance, testamentary inheritance, or donation and support agreements after the commencement of inheritance; where there is an agreement, it shall be implemented in accordance with the agreement), Article 1141 (mandatory reserved share), and Article 1158 (natural persons may enter into donation and support agreements with organizations or individuals other than their heirs). Practical suggestions: Enter into a written agreement and specify the property list and support standards; reserve a share for the rights holders of the mandatory reserved share; the agreement may be notarized or witnessed by a lawyer; the supporters shall keep evidence of performance throughout the process; and the supported persons may still make another will within the scope that does not conflict with the agreement. For the drafting of the agreement, it may be combined with the following aspects:Business and contract dispute resolution services for enterprisesReview the text.

5. Henglu Law Firm's Reminder

A legacy support agreement can stipulate that the property belongs to the supporter, but there are two red lines that cannot be crossed: first, a necessary share must be reserved for the beneficiary of the reserved portion; second, the supporter must actually fulfill the obligations of supporting the beneficiary in life and burial. Otherwise, the agreement may be terminated. It is recommended to specify the property list and support standards clearly when signing the agreement, and to handle notarization or witnessing to enhance its effectiveness. In the event of objections from children or breach of contract by the supporter, legal assistance can be sought.Divorce litigation and family dispute resolution servicesFor family matters other than divorce, consult a lawyer in time to prevent the risk of invalid clauses.

VI. Frequently Asked Questions

Q1: Is it valid for the donation and support agreement to stipulate that all the property will belong to the supporter?

In principle, it is effective. A legacy maintenance agreement is a bilateral agreement in which the maintainer assumes the obligations of supporting the supported person during their lifetime and after their death, and the supported person bequeaths their property to the maintainer after their death. The effectiveness of such an agreement takes precedence over wills and statutory inheritance. The agreement may stipulate that the majority or even all of the property will belong to the maintainer, but it must reserve a necessary inheritance share (mandatory share) for the heir who "lacks the ability to work and has no source of livelihood". Moreover, the maintainer must actually fulfill their obligations of supporting the supported person during their lifetime and after their death. Otherwise, the agreement may be rescinded or adjusted.

Q2: After signing the bequest and support agreement, what evidence do I need to keep?

The core elements include: the original written donation and support agreement (specifying the scope of property, the content of support, and the standards of performance); evidence of the support person fulfilling their obligations of supporting the supported person during their lifetime and after their death (medical care records, expense receipts, certificates from neighbors or neighborhood committees, and transfer records); evidence demonstrating the supported person's true intention; and proof of property ownership. The more specific the agreement is, the easier it will be to fulfill obligations and protect rights. The support person should systematically preserve evidence of performance to avoid being accused of failing to fulfill their obligations. For specific evidence, please refer to the following reference materials:Personal injury and medical dispute servicesThe idea of preserving evidence in the process of investigation and litigation.

Q3: How much do the disputes related to a legacy and support agreement cost?

If there are disputes over the performance or validity of the agreement, the litigation fees shall be paid in stages according to the value of the disputed property, and shall be borne by the losing party. The attorney's fees shall be charged according to the complexity of the case and the value of the subject matter as specified in the power of attorney contract, without a unified standard. When signing the agreement, the parties may agree to bear the notarization or certification fees (on a one-time basis). It is recommended to clarify the property valuation and performance standards at the signing stage to reduce the probability and cost of subsequent litigation. When necessary, the lawyer shall draft and review the contract text.

Q4: How long does it take to handle a dispute over a maintenance agreement?

Undoubtedly, the agreement can be implemented in accordance with the contract. After the death, the property transfer can be handled directly according to the agreement, and the timeframe depends on the registration process (usually dozens of working days). In the event of a dispute, the first-instance ordinary procedure takes six months, the simplified procedure takes three months, and the appeal to the second-instance takes three months. If the guardian fails to fulfill his obligations and causes the termination of the agreement, the property will need to be returned, and the overall process may take several months to more than a year. Fixing the evidence of performance as soon as possible can shorten the dispute cycle.

Q5: I want to sign an agreement to transfer my property to my guardian. How should I do it specifically?

Suggestions: First, draft a written legacy support agreement, clearly listing the property inventory, the specific content and standards of support, and the performance period; Second, reserve a mandatory share for inheritors who lack the ability to work and have no source of livelihood; Third, it is recommended to handle notarization or lawyer's witnessing to enhance the effectiveness of the agreement; Fourth, the supporter should keep all evidence of performance throughout the process of supporting the inheritor from birth to death; Fifth, the supported person can still make a separate will within the scope that does not conflict with the agreement, but may not dispose of the agreed-upon property. Consulting a lawyer before signing the agreement can avoid the risk of invalid clauses.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·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 a dispute arises, please consult a practicing lawyer in time.