[Direct answer]In the Beijing area, whether the maintenance fees will be refunded after the termination of the legacy support agreement depends on the reason for the termination. According to Article 1158 of the Civil Code of the People's Republic of China (effective January 1, 2021), the maintenance person shall bear the obligation of supporting the legatee in life and burial, and only then will he/she enjoy the right to receive the legacy. When the agreement is terminated, if the termination is due to the maintenance person's failure to fulfill the maintenance obligation without a justifiable reason, the maintenance person cannot claim the right to receive the legacy, and the maintenance fees already paid will generally not be compensated; if the termination is due to the legatee's reasons, such as terminating the agreement without a justifiable reason or disposing of the agreed property without authorization, the maintenance person shall repay the maintenance fees already paid. The specific amount shall be based on the actual expenditure receipts, and in case of disputes, the court may determine it at its discretion. It is recommended to keep the maintenance expenditure receipts throughout the process, and the rules can be referred to for reference.Inheritance succession and family property division services.

I. Problem background and typical scenarios

Legacy support agreements are more common between elderly people without children or whose children are not around and their caregivers. Typical scenarios include: the caregiver takes care of the elderly person's daily life for a long time, bears the medical and funeral expenses, but the two sides later fall out; the elderly person's family claims that the agreement is not their true intention; the caregiver has already paid a large amount of money, but the agreement is substantially nullified because the elderly person has made another will; and the elderly person's children demand to terminate the agreement on the grounds that the caregiver has not been filial. There is often no clear agreement on the settlement of expenses when the agreement is terminated. Both parties have different opinions on the paid support money, the value of the labor, and the funeral expenses. For related inheritance arrangements, please refer to the relevant provisions.Inheritance succession and family property division services.

II. Key points of contention

The focus of the dispute usually lies in three aspects. Firstly, the attribution of the reason for the termination—whether the caregiver failed to fulfill his or her duty of support, or whether the donor committed a fault—directly determines how the expenses should be handled. Secondly, the scope and amount of the maintenance expenses, including living expenses, medical expenses, nursing services, and funeral expenses, need to be determined based on receipts and records. Thirdly, the validity and implementation of the agreement, such as whether there was fraud or coercion, and whether the support was actually continuous. In addition, according to Article 1123 of the Civil Code, the validity of the donation and support agreement takes precedence over testamentary succession and statutory succession. If the elderly person makes a will to dispose of the agreed property during the term of the agreement, it may constitute a breach of contract and trigger the termination of the agreement.

III. Professional analysis by Hengluo Lawyers

Based on Hengluo's practical observations in handling inheritance cases, such disputes are most likely to suffer losses in the aspects of "no proof of expenses" and "no record of obligations". There are three common forms: the caregiver pays living expenses and medical fees in cash, but never keeps receipts, making it impossible to provide evidence during liquidation; the parties only have verbal care arrangements, and even the agreement itself is difficult to prove; the elderly dispose of the property or make a will during the agreement period, triggering breach of contract disputes. When the court reviews the case, it first confirms the validity of the agreement, then investigates the reasons for its termination, and finally determines the handling of the care expenses based on the expenditure receipts. Our experience is: during the care period, keep monthly records of care expenses, make large-amount payments through bank transfers, and keep receipts for medical services, so as to turn the "paid expenses" into "verifiable paid expenses". Related property disputes can be resolved with the help of relevant evidence.Special services and other case servicesClarify.

IV. Practical suggestions and legal basis

Legal basis: Article 1158 (Establishment and Effect of Legacy and Support Agreements) and Article 1123 (Priority Application of Legacy and Support Agreements) of the Civil Code (effective January 1, 2021); the handling of support expenses after the termination of the agreement shall be determined in accordance with the current inheritance laws and judicial interpretations, based on the actual performance of support obligations and expenditure receipts. Practical advice: The agreement shall be in written form, specifying the support standards, the way of recording expenses, and the conditions for termination; during the performance, keep the expenditure receipts in detail; in case of disputes, first fix the agreement, payment records, and witness testimonies; it is advisable to confirm the liquidation plan in writing after termination, and if no agreement can be reached, promptly file a lawsuit. For complex arrangements, it may be necessary to seek legal assistance.Inheritance succession and family property division servicesDevelop.

5. Hengluo Law Firm's Reminder

The core of the settlement of alimony is "why the agreement was terminated" and "how much has been spent". The alimony payer should remember: for cash payments, supporting evidence should be provided; for labor services, records should be kept. The elderly party should also pay attention that if they terminate the agreement without a valid reason or dispose of the agreed property without authorization, they may be ordered to repay the alimony paid. If major disputes arise during the performance of the agreement, the parties should first negotiate and sign a termination and settlement agreement to avoid being passive if the alimony obligation is unilaterally suspended. For conflicts involving the disposition of real estate, it is advisable to consult a professional lawyer as soon as possible to assess responsibilities. For more details, please contact us.Hengluo Inheritance Lawyer Team.

VI. Frequently Asked Questions

Q1: After the termination of the legacy support agreement, can the support payments still be recovered?

It depends on the reason for the termination. If the supporter fails to fulfill his or her support obligation without a valid reason, resulting in the termination of the agreement, according to the current inheritance laws, the supporter cannot enjoy the right to receive a bequest, and the support expenses he or she has paid will generally not be compensated. If the termination of the agreement is caused by the bequeather, such as terminating the agreement without a valid reason or disposing of the agreed property without authorization, the supporter shall be obliged to repay the support expenses he or she has paid. For the expenses corresponding to the part that has been performed, the supporter may claim them with actual expenditure receipts. The bequest support agreement is concluded in accordance with Article 1158 of the Civil Code, and its effect takes precedence over the will and statutory inheritance. If the elderly person makes another will to dispose of the agreed property, it may also constitute a breach of contract.

Q2: For claiming support expenses, what evidence do I need to prepare?

The core evidence includes: the original of the bequest and support agreement; proof of support expenditure, such as transfer records of living expenses, medical bills, and certificates of nursing fee payments; receipts of funeral expenses fulfilled up to the burial stage; witness statements from neighbors, village committees, or nursing institutions; and materials proving the reasons for termination, such as written or audio evidence of the bequeather's request for termination. The organization of evidence should focus on "the validity of the agreement - actual provision of support - termination due to the other party's reasons - the amount of expenditure". Cash expenditure without receipts is the most difficult to prove, so it is necessary to keep records during the period of support and avoid verbal agreements and cash transactions.

Q3: For disputes over donation and maintenance agreements, how much does it cost to litigate?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs", calculated on the basis of the amount of the litigation request, and shall be borne by the losing party. If the party wins the case partially and loses partially, the litigation fees shall be shared proportionally. The mediation or summary procedure may reduce the litigation fees by half. The attorney's fees are related to the complexity of the case and the amount of the dispute, and shall be charged on a per-case or per-value basis. The fees shall be specified in the power of attorney contract, and there is no uniform standard. If the party also claims property rights within the estate, the subject matter may involve the value of the real estate, and the cost will be correspondingly higher. It is recommended that the party first calculate the provable support expenses and the rights that can be obtained before filing a lawsuit, and rationally initiate the litigation process after weighing the costs.

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

Applicable civil litigation procedures: First-instance ordinary procedures shall be concluded within six months and summary procedures within three months, and second-instance procedures generally within three months. If the case involves handwriting authentication of agreements, verification of expenditure vouchers, or multiple witnesses appearing in court, the period will be extended accordingly. In such cases, the parties' emotions are obviously confrontational, and mediation is quite difficult. It is recommended that the parties seal the original agreements and all expenditure vouchers at the early stage of the dispute, and apply for evidence preservation when necessary; at the same time, keep communication records to prove the attribution of the reasons for the termination, so as to avoid the impact of late evidence on the liquidation results.

Q5: If the agreement needs to be terminated, how should the liquidation process be handled specifically?

Here's the translation of the Chinese (Simplified) sentence into English, with a detailed explanation: Suggested four steps: First, negotiate with the other party to verify the total expenses during the support period and sign a written termination and liquidation agreement, clarifying the amount of the refund and the payment deadline. Second, collect evidence, including the agreement, expenditure receipts, and witness information. Third, distinguish responsibilities. If the termination is due to the supportor's fault, prepare for the possibility that the support expenses will not be compensated. If it's due to the legatee's reasons, claim repayment according to the law. Fourth, if negotiation fails, file a lawsuit within the statute of limitations to request confirmation of the termination of the agreement and determine the expenses appropriately. For major property disposals such as real estate, legal assistance can be sought.Special servicesPost-assessment actions.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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·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. If a dispute arises, please consult a practicing lawyer in a timely manner.