[Direct answer]In the Beijing area, after the donation and support agreement takes effect, it cannot be revoked at will. This agreement is a bilateral paid contract. According to Article 1158 of the Civil Code of the People's Republic of China (effective January 1, 2021), the supporter has the obligation to support the supported person from birth to death. If the supporter unilaterally withdraws after only providing care for a period of time, it will not result in automatic termination of the agreement. The legal consequences are divided into two situations: if the supporter stops providing support without a valid reason, the agreement will usually be terminated, and the supported person will generally lose the right to inherit the donated property. The support expenses already paid will not be compensated; if the supported person terminates the agreement without a valid reason, they will often need to repay the support expenses actually paid by the supporter. If it is truly impossible to continue due to legitimate reasons such as serious illness or relocation, the parties should negotiate and sign a written termination agreement and settle the accounts according to the actual situation. If no agreement can be reached, the case can be submitted to the court for a determination. For related rules, please refer to the relevant provisions.Legal services for inheritance and family property division.

I. Problem background and typical scenarios

It's not uncommon to regret one's decision after providing care for a period of time in a bequest support relationship: the caregiver may clash with the supported person's living habits after signing the agreement, face delays in transferring property ownership, become unable to continue due to illness or family changes, or change their mind after realizing the value of the bequeathed property is lower than expected. Typical scenarios include: the caregiver demanding an increase in support fees or transferring ownership prematurely after several months of caring for the elderly, only to be rejected, leading them to stop providing care; the elderly being taken away by their children for alternative care arrangements; or both parties disagreeing on what constitutes fulfilling their obligations. Many people mistakenly believe they can withdraw from the agreement at any time and just continue providing care for now; others believe that getting rid of the caregiver will solve the problem. In reality, once the agreement is signed, it legally binds both parties. Unilateral withdrawal will trigger issues such as fee settlement and loss of rights. For matters involving family property and living arrangements, it may be necessary to consult with legal professionals for further guidance.Divorce litigation and family dispute resolution servicesPlan them together.

II. Key points of dispute

There are four core disputes in this case. First, whether the agreement can be unilaterally terminated: whether the bequest support agreement can be arbitrarily revoked, and how to determine a legitimate reason for doing so. Second, expense settlement: whether the caregiver can request a refund or compensation for the maintenance expenses and services already provided. Third, bequest rights: whether the caregiver still has the right to receive a proportional bequest after partial performance, or whether they have completely lost this right. Fourth, elderly care arrangements: how to ensure the care recipient's livelihood after the agreement is terminated, and whether the caregiver can exit the arrangement directly. In the judicial practice of the Beijing area, courts typically first guide the parties to negotiate a termination and settle the expenses in accordance with the actual situation. If the negotiation fails, the court will comprehensively evaluate the extent of performance, the reasons for termination, and the elderly care arrangements, and generally will not support either party who seeks to "reap benefits without effort" or "live without providing care".

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling inheritance disputes, the key to such cases is to provide evidence of the "reason for termination" and the "degree of performance". The supporting party should keep the payment receipts for maintenance fees, attendance records, medical payment invoices, photos of living together, and witnesses to prove that they have continuously fulfilled their obligations and that their withdrawal is due to objective reasons. The supported party, on the other hand, needs to collect evidence of the supporting party's absence and failure to fulfill their obligations of supporting the elderly, such as the elderly's living conditions, certificates from the village committee or neighborhood committee, neighbor's testimonies, and medical records. In practice, the court's attitude towards the supporting party who " fails to perform without a legitimate reason" is clear: not only are they not entitled to receive gifts, but the fees already paid are often difficult to recover; however, if the supported party arbitrarily expels the supporting party or refuses to provide living conditions, it constitutes a breach of contract by the supported party, and the supporting party may request a settlement of the expenses actually incurred. Hengluo Law Firm advises that before withdrawing, a written termination and settlement agreement should be signed, clearly stating the number of months of support provided, the amount of fees, and the subsequent arrangements for the elderly. For cases involving real estate that has already been transferred and needs to be reversed, follow-up measures can be taken accordingly.Real estate sales and construction project servicesVerify the property rights and transfer arrangements.

IV. Practical Suggestions and Legal Basis

The legal basis is Article 1158 (Establishment and Effectiveness of Legacy and Support Agreements) and Article 563 (Statutory Right of Termination: The contract may be terminated if the purpose of the contract cannot be achieved due to force majeure or a party's breach of contract) of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021); and Article 566 (Settlement and Compensation after the Termination of the Contract). Referring to the spirit of the relevant judicial interpretations on inheritance, if the caregiver fails to perform the agreement without a justifiable reason, he/she shall not enjoy the right to receive the legacy. Generally, the caregiving expenses already paid shall not be compensated. If the caree dismisses the agreement without a justifiable reason, he/she shall repay the caregiver the caregiving expenses already paid. Practical suggestions: Negotiate and sign a written termination agreement before withdrawal; settle the expenses during the care period in accordance with the actual situation; properly arrange the caree's subsequent life; handle the return of the property and the cancellation of the right of residence if the property has been transferred; if no agreement can be reached, promptly file a lawsuit to avoid leaving the property and care in limbo for a long time.

5. Hengluo Law Firm's Reminder

Here are three reminders. Firstly, the agreement is not a "probationary contract". The idea of "taking care of them first and dealing with it later" is extremely risky. The later you withdraw, the higher the sunk cost will be. Secondly, if you quit without a legitimate reason, not only will you not get the property, but the initial investment is likely to be wasted, and you may also face compensation and claims. Thirdly, the supported party cannot arbitrarily evict others. If you terminate the agreement without a valid reason, you usually need to repay the actual support costs paid by the other party. If the elderly person has no means of support after the agreement is terminated, the court will also focus on reviewing the resettlement plan when making a judgment. If you really have legitimate reasons and are unable to continue, the earlier you negotiate and settle accounts in writing, the more proactive you will be. If you have any questions about the termination conditions, cost settlement, or the elderly person's resettlement, it is recommended to consult a professional lawyer as soon as possible and, if necessary, seek legal assistance through legal channels.Special services and other case servicesYou can also contact us directly to develop an exit planBeijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: If the guardian only takes care of the child for half of the time and then leaves, can they still inherit the estate?

It depends on the reasons for termination and the degree of performance. If the caregiver unilaterally stops providing support without a valid reason, resulting in the failure to achieve the purpose of the agreement, he/she will not be entitled to the right to receive the bequest according to law, and the caregiving expenses already paid will generally not be compensated. If the termination is due to reasons on the part of the caree (such as unilaterally evicting them or refusing to provide living conditions) or major objective reasons, the caregiver may request a fair settlement of the caregiving expenses already incurred, but it is usually difficult to "divide the inheritance" proportionally. Beijing area courts generally consider the degree of performance, the reasons for withdrawal, and the elderly's resettlement comprehensively when making judgments. It is necessary to evaluate the long-term ability to perform the obligations before signing the contract, and not to regard the elderly care arrangements as a short-term experiment.

Q2: What evidence is needed to terminate a legacy support agreement?

Prepare the evidence in two categories. For the supporting party: transfer receipts for alimony, medical and living expenses payment receipts, attendance records, images of cohabitation, and witness statements, which can prove the continuous fulfillment of obligations and objective reasons for withdrawal; for the supported party: evidence of the supporting party's default, proof of the elderly's living conditions, statements from the village committee or neighborhood committee, witness statements, and medical attendance records, which can prove that the other party has failed to fulfill their obligations of supporting the elderly in life and burial. In addition, the parties should also prepare the agreement text, proof of the supported party's property status, and materials for subsequent resettlement plans. The evidence should focus on the three core issues of "who breached the contract, the extent of fulfillment, and who will take care of the elderly". The more complete the materials are, the more proactive the parties will be when settling the dispute.

Q3: How much does it cost to sue to resolve the dispute over the termination of the legacy support agreement?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs", which are accumulated in stages based on the amount of the litigation subject (usually maintenance expenses, property value, or the amount of compensation for depreciation), and shall be borne by the losing party. In cases of partial victory, the fees shall be shared proportionally. There is no unified standard for attorney's fees, which are charged on a per-item basis or as a percentage of the litigation amount, depending on the amount of the dispute, the complexity of the evidence, and the workload, subject to the terms of the engagement contract. Compared with litigation costs, negotiating a settlement and settling accounts in writing are usually more economical. It is recommended that for disputes with relatively small amounts or clear facts, first attempt mediation or let a lawyer intervene in the negotiation; if litigation is necessary, calculate the expected settlement amount and costs in advance to make rational decisions.

Q4: How long does it usually take to resolve such disputes?

The consultation to terminate the contract can be completed and a written settlement agreement signed within a few days; if the consultation fails and a lawsuit is initiated, the first-instance ordinary procedure generally takes six months, and the summary procedure takes three months. If it involves witnesses appearing in court, appraisal and identification, or the defendant's whereabouts being unknown, the time will be extended accordingly; if one party appeals, the second-instance procedure will generally take an additional three months. In practice, most cases have relatively concentrated facts, and the probability of settling the case through summary procedures or mediation is relatively high. It is reminded not to drag on the matter for too long: if the elderly care and property status are left unresolved for a long time, it will not only increase the cost and loss, but also may harm the actual living security of the dependents.

Q5: If the caregiver really can't continue anymore, how exactly should they withdraw from the role?

Here are the four steps suggested: 1. **Collect evidence of fulfilling obligations**: Organize receipts for expenses during the care period and records of caregiving into a folder. 2. **Have an honest discussion**: Explain the reasons for withdrawing and jointly agree on the termination date, settlement of expenses, and arrangements for the elderly's future care. 3. **Sign a written termination agreement**: Specify the number of months of care provided, mutual waiver of claims or compensation amounts, and arrangements for property return and transfer. 4. **Seek legal action if needed**: If the other party demands excessive compensation or refuses to settle payments, promptly file a lawsuit for the court to adjudicate. It's crucial not to simply walk away or stop paying caregiving fees without proper justification—withdrawing midway without valid reasons may result in losing the right to inherit and make it difficult to recover expenses. For complex issues involving property transfer or elderly care arrangements, it’s advisable to hire a lawyer to review and ensure compliance with settlement terms.

The above answer is based on the judicial practice in the Beijing area. 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, 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 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. In case of disputes, please consult a practicing lawyer in time.