[Direct answer]In the Beijing area, it is possible to make a will again, but the effectiveness of the bequest and support agreement takes precedence over the will and statutory inheritance. According to Article 1123 of the Civil Code of the People's Republic of China, if there is a bequest and support agreement, the matter shall be handled in accordance with the agreement. If the new will disposes of the property that has been agreed to belong to the caretaker, the conflicting part will be invalid due to being inconsistent with the agreement; the will only takes effect on the property not covered by the agreement. Therefore, "being able to make a will" does not mean that it can be executed. The key is to see whether the property in the will overlaps with the agreement. It is recommended to sort out the scope of the agreement before making a will. For more details, please refer to the following link:Legal services for inheritance.

1. Problem background and typical scenarios

It's not uncommon for people to sign a legacy and support agreement and then want to make a will. Typical scenarios include: the elderly signing an agreement to give their main property to their caregivers, but later wanting to give a certain sum of money to their children; caregivers worrying that the elderly might "overturn" the agreement by making a new will; and children claiming that the later-made will should take precedence. In practice, the agreement takes precedence over the will, and the later-made will can only dispose of the property not covered by the agreement, with the overlapping parts being invalid. In the judicial practice of the Beijing area, the court determines the priority based on the signing time of the agreement and the scope of the property. For property rights involving real estate, it can be combined with other factors to determine the priority.Real estate sales and construction project servicesHandle it.

II. Key points of contention

There are three main points of contention. Firstly, the order of effectiveness: the legacy support agreement takes precedence over the will and statutory inheritance. If the later will conflicts with the agreement, the conflicting parts will be deemed invalid. Secondly, property overlap: whether the will disposed of the property agreed upon as belonging to the supportee is the core issue in determining the invalidity. Thirdly, agreement termination: if the supportee fails to fulfill their obligations and the agreement is terminated, the original agreement's property will revert to the estate, and the will can then take effect. For matters involving performance recourse, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on the will-related cases handled by our firm, the conflict between the bequest support agreement and the will is a frequent issue in practice. Taking a will inheritance dispute handled by Beijing Henglu Law Firm as an example: The decedent made a self-written will to dispose of the property and attached performance conditions, but the relevant heirs disputed the validity of the will and the performance period. This case was handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acted as the agent. Attorney Yuan Hang completed the evidence of the will and strived for a reasonable grace period for performance. The court ultimately confirmed the validity of the will and specified the transfer and payment deadlines. This case reminds us that before making a will, it is necessary to check whether there is already an agreement on bequest and support. The property disposed in the agreement should not be disposed again in the will. For related experience, please refer to the reference materials.Special services.

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) (after the commencement of inheritance, if there is a legacy and support agreement, the inheritance shall be handled in accordance with the agreement; if there is no agreement, the inheritance shall be handled in accordance with the will or statutory inheritance), Article 1133 (the right to dispose of property by will), and Article 1158 (legacy and support agreement). Practical advice: Before making a will, first review existing agreements and list the property that has already been disposed of; the new will only applies to property not covered by the agreement; the form of the will must be legal; if it is necessary to adjust the property in the agreement, the caregiver should be consulted to amend or terminate the agreement first, rather than unilaterally contradicting the agreement with the will. For drafting agreements, the following can be considered:Business and contract dispute resolution services for enterprisesReview.

5. Henglu Law Firm's Advice

After signing the agreement, you can still make a will, but you must avoid the pitfall of "duplicate disposition": if the agreement already stipulates that the property will belong to the caregiver, and you later dispose of this part in your will, it will be invalid. It is recommended to fully sort out the scope of the property in the agreement before making a will, and freely arrange the property that is not covered by the agreement; if you really need to change the property in the agreement, you should first negotiate to modify or terminate the agreement. When handling the matter in the Beijing area, you should also pay attention to the registration connection. If you need to clarify the conflict of effectiveness, you can seek help from a lawyer.Divorce litigation and family dispute resolution servicesCollaborate with others and consult a lawyer in a timely manner to prevent some parts of the will from being invalidated.

VI. Frequently Asked Questions

Q1: If I sign a legacy support agreement, can I still make a will? Is the will still valid?

It is possible to make a new will, but the effectiveness of the donation and support agreement takes precedence over the will and statutory inheritance. If the new will disposes of the property that has been agreed to belong to the caretaker, the conflicting part will be invalid due to being in conflict with the agreement; the will only takes effect on the property not covered by the agreement. Therefore, "being able to make a will" does not mean that it can be executed. The key is whether the property in the will overlaps with the agreement. It is recommended to sort out the scope of the agreement before making a will to avoid inconsistencies between the two.

Q2: What evidence is needed to prove that the agreement takes precedence over the will?

The core documents include the original gift and support agreement (to prove that the property has been agreed to be transferred to the supporter and that both parties have fulfilled their obligations), proof of the supporter's fulfillment of the obligations of supporting the deceased in life and burial, and the text of the subsequent will. If it is claimed that the part of the will is invalid, it is necessary to prove that the part of the property has been disposed of in the agreement. At the same time, prepare evidence of the ownership of the property and the time of signing the agreement (earlier than the will) to establish the priority of the agreement. Complete materials are the key to confirming the conflict of legal effect.

Q3: How much does it cost to litigate over a conflict between a contract and a will?

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 calculated according to the complexity of the case and the value of the subject matter as stipulated in the power of attorney, without a unified standard. Disputes often revolve around specific property shares. It is recommended to clarify the value of the subject matter and the scope of the claim before suing to control costs. For cases involving real estate valuation, professional opinions can be referenced. A clear agreement text can greatly reduce the likelihood of litigation and related expenses.

Q4: How long does it take to resolve disputes over conflicts between agreements and wills?

The first-instance ordinary procedure lasts six months, and the summary procedure lasts three months. The appeal in the second instance lasts three months; if the facts are clear, the summary procedure can be applied. If it is necessary to determine the validity of the agreement and the performance of the obligations, the court may retrieve the evidence of support and prolong the time limit. The judgment will clarify the priority part of the agreement and the valid part of the will. After the judgment takes effect, the transfer of property or the execution of the will will be carried out according to the judgment. The overall process may take several months to more than a year. Fixing the agreement and the evidence of performance as soon as possible can shorten the process period.

Q5: After signing the agreement, I want to make a will. How should I proceed specifically?

Suggestions: First, review the existing bequest and support agreement to list the assets that have already been disposed of; Second, make a new will only for the assets not covered by the agreement to avoid duplicate disposal; Third, the form of the will must be legal (handwritten and signed with the date specified, or notarized); Fourth, if it is necessary to adjust the assets in the agreement, you should first consult with the supporters to amend or terminate the agreement, rather than unilaterally challenging it with a will; Fifth, if there are conflicts, promptly litigate to confirm the validity of the will. Consulting a lawyer before making a will can prevent some wills from being invalid.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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 evidence materials, 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.