[Direct answer]The core difference lies in the identity of the beneficiary and the rules for exercising rights: If a will designates personal property to be inherited by one or several statutory heirs, it is testamentary succession (Article 1133 Paragraph 2 of the Civil Code); if the property is donated to the state, collectives, or organizations or individuals other than statutory heirs, it is a bequest. The donee shall, within 60 days after knowing of the bequest, make a statement of acceptance or waiver. If no statement is made within the time limit, it shall be deemed that the donee waives the bequest (Article 1124 Paragraph 2); while if the heir does not make a statement, it shall be deemed that the heir accepts the inheritance. After the commencement of inheritance, if there is a will, the inheritance shall be handled in accordance with the will or the bequest (Article 1123). For details, please refer to the Civil Code of the People's Republic of China.Legal services for inheritance and family property divisionAndBeijing Henglue Law Firm.

1. Problem background and typical scenarios

When an elderly person makes a will to leave their property to their nephew who has taken care of them for many years, their nanny, or their close friends, or to their remarried spouse and stepchildren, if the recipients do not fall within the scope of legal heirs, the legal nature of such arrangements will change from testamentary inheritance to gift, and the rules will change accordingly. Typical scenarios include: the donee does not know about the sixty-day acceptance period and is deemed to have waived their rights after remaining silent, resulting in the property reverting to legal inheritance; other legal heirs sue to deny the will on the grounds that it is not authentic or does not comply with formal requirements; if the gift is accompanied by obligations (such as paying other relatives after selling the house or being responsible for supporting and burying them), and the donee fails to fulfill them, lawsuits will be initiated; when testamentary inheritance and legal inheritance coexist, disputes will arise over the calculation of shares and the order of debt repayment.

II. Key points of contention

  • The dispute over the identity of the beneficiary: Whether the beneficiary belongs to the scope of statutory heirs as defined in Article 1127 of the Civil Code (spouses, children, parents, siblings, grandparents, and grandparents-in-law) directly determines whether to apply testamentary succession or bequest. The implied rules and evidentiary emphasis of the two are completely different.
  • Accepting the offer and the deadline: If the donee remains silent, it is deemed as a waiver; the time when the donee "knows about the donation" begins, and how to leave a record of the written statement and the lawsuit, are the most common points of attack and defense in such cases.
  • Attached obligations to be fulfilled: According to Article 1144 of the Civil Code, if there are obligations attached to the inheritance by will or the acceptance of a bequest, the recipient shall fulfill the obligations; if the recipient fails to fulfill the obligations without justifiable reasons, upon the request of the interested parties, the court may cancel the recipient's right to accept the part of the inheritance with attached obligations, and the transfer of the real estate may also be affected by this.Real estate sales and construction project services\nConnection processing.

III. Professional analysis by Henglue Lawyers

A typical case is the dispute over the performance period triggered by the "payment after selling the house" clause in the will. In July 2023, Wang *5 drafted a self-written will, leaving his 1506 No., 88㎡ house in Fengtai District to his spouse, Zhou Min, with the condition that after selling the house, he would pay 400,000 yuan to his sister, Wang *1, 300,000 yuan each to his brother, Wang *2, and sister, Wang *3, totaling 1 million yuan, with the remaining balance going to Zhou Min. His daughter, Wang Li, born from his previous marriage, was excluded from the distribution. In September 2023, Wang *5 passed away. The three siblings claimed that the will did not specify a payment deadline and demanded immediate auction of the house and distribution of the proceeds. They sued Zhou Min and Wang Li in Fengtai District Court. Zhou Min entrusted Lawyer Yuan Hang from Beijing Henglu Law Firm to defend against the claims. Both sides presented conflicting arguments: the three plaintiffs demanded prompt auction of the house and immediate payment of the proceeds; Zhou Min argued that a reasonable timeframe was needed to raise funds and that the will stipulated that she was responsible for selling the house and had the main control over the process, opposing a low-price sale. Lawyer Yuan Hang developed a "two-step" strategy: First, he solidified the validity of the will by providing evidence that the self-written will was written, signed, and dated by Wang *5, and citing Article 1134 of the Civil Code to prove its legality. Second, he sought a grace period for performance, submitting income proof and a property valuation report (estimating the house value at approximately 4.5 million yuan) to demonstrate that a short-term low-price sale would harm all parties' interests. He proactively proposed a "first transfer of ownership, deferred payment" plan - transferring the house to Zhou Min's name, with her selling the house within five years and paying the plaintiffs a total of 1 million yuan, ensuring the plaintiffs' future claims while preventing the estate from being forcedly sold at a low price. The Fengtai District Court adopted the lawyer's defense arguments, ruling that the will was legally valid. In 2024, the court ordered that the 1506 No. house be inherited by Zhou Min, and all parties must complete the transfer of ownership by January 14, 2025. Zhou Min must pay the plaintiffs a total of 1 million yuan by July 14, 2029 at the latest. Court fees and preservation fees were divided proportionally. This case achieved a two-way alignment between the testator's intentions and the practical implementation of the will. In another case, one party claimed that the house was "bought under a borrowed name" and therefore not part of the estate, as they failed to provide evidence of a borrowed name agreement, that the purchase contract was not signed by them, and that they had explicitly waived their inheritance rights at the notary office. Both first- and second-instance courts rejected their claims, and the house was still divided according to the will, with each of the two heirs inheriting a 50% share.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1123 of the Civil Code (effective January 1, 2021) stipulates that after the commencement of inheritance, the inheritance shall be handled in accordance with the statutory succession. Where there is a will, the inheritance shall be handled in accordance with the will or bequeathal; Article 1124 stipulates that an heir who renounces the inheritance shall make a written declaration of renunciation before the disposal of the estate. Where no such declaration is made, it shall be deemed that the heir accepts the inheritance. A bequeatheree shall make a declaration of acceptance or renunciation within 60 days after knowing of the bequeathal. Where no such declaration is made within the time limit, it shall be deemed that the bequeatheree renounces the bequeathal; Article 1127 defines the scope and order of statutory heirs; Article 1133 stipulates that a natural person may make a will to designate one or several of his legal heirs to inherit his personal property, or may make a will to bequeath his personal property to the state, collectives, or organizations or individuals other than his legal heirs; Article 1134 stipulates that a handwritten will shall be written, signed, and dated by the testator in person; Article 1144 stipulates the rules for the performance and cancellation of a bequeathal with obligations. At the practical advice level: After the bequeatheree knows of the bequeathal, he/she shall, as soon as possible, fix the expression and leave a record by means of a written acceptance statement, notarization, or litigation; The testator shall specify the scope of the property, the manner of performance, and the time limit, and list the obligations item by item; For bequeathals involving real estate, timely handle the transfer of ownership or confirm the ownership through litigation; Where the bequeathal involves a complex property structure, it may be handled through legal means.Special services and other case servicesThe team makes an overall plan.

5. Henglu Law Firm's Reminder

The sixty-day period is the "deadline" for the donee, and silence means giving up; if the donee fails to fulfill the obligations attached to the bequest, the corresponding rights may be revoked by the court. The testator must clearly state "who to give it to, what to give, how to fulfill the obligations, and when to fulfill them" to avoid well-intentioned arrangements turning into family disputes. The above-mentioned inheritance dispute case involving obligations attached to the will was handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acted on behalf of the client. The court determined that the will was valid and secured a five-year grace period for the heirs to make payments, taking into account the interests of all parties. If you are currently facing disputes regarding the validity of the bequest, the acceptance of the bequest, or the performance of the bequest, it is recommended that you consult a lawyer as soon as possible and keep the original will and communication records.

Q1: Is it still considered a will if you leave your property to someone other than your legal heirs?

It belongs to a bequest. According to Article 1133 of the Civil Code, if a will designates that personal property be inherited by one or several legal heirs, it is testamentary succession; if it is donated to the state, collectives, or organizations or individuals other than legal heirs, it is a bequest. The legal consequences of the two are different: if the heir does not express his/her acceptance of the inheritance, it is deemed that he/she has accepted the inheritance; if the donee does not express his/her acceptance of the bequest within 60 days after knowing about the bequest, it is deemed that he/she has waived the right to accept it. Therefore, if someone leaves real estate or savings to nephews, friends, or nannies, the donee should express his/her acceptance in writing, through notarization, or litigation as soon as possible. Otherwise, the inheritance will be transferred back to the legal heirs.

Q2: What will happen if the donee does not express their opinion within 60 days?

It is considered as a waiver of the gift. According to Article 1124, Paragraph 2 of the Civil Code, the donee shall make a declaration of acceptance or waiver within 60 days after knowing the gift. If no declaration is made within the time limit, it shall be deemed that the donee has waived the gift, and the corresponding estate shall be handled in accordance with the statutory inheritance. Effective declarations include: serving a written acceptance statement to other heirs and keeping the receipt; going to the notary office to handle the acceptance of the gift; initiating litigation to assert rights, etc. The 60-day period starts from the date when the donee knows about the gift. In litigation, both parties often engage in evidentiary confrontation over "when they knew about it". It is recommended that the donee immediately leave evidence after knowing it and not delay it by remaining silent and watching the situation.

Q3: How to transfer the ownership of the bequeathed property?

After the bequest takes effect, the donee may apply for registration to the registration authority with materials such as the will, death certificate, and identity certificate. If the heirs or interested parties have objections to the validity of the bequest, they must first confirm the rights through litigation and then handle the transfer of ownership with the effective judgment or mediation agreement. According to Article 14 of the Interim Regulations on Real Estate Registration (implemented on March 1, 2015), if applying for registration of real estate rights obtained by bequest, the application may be made unilaterally. For bequests involving sales or payment obligations (such as "paying relatives after selling the house"), the obligations should be fulfilled in accordance with the time limit and manner specified in the will to avoid having the rights revoked due to non-performance. Timely transfer of ownership can also prevent the house from being disposed of or sealed up by others during this period.

Q4: How much does it cost and how long does it take to litigate a succession dispute?

The acceptance fee for property cases is paid in stages based on the amount in dispute. For first-instance cases involving disputes of around 1 million yuan, the acceptance fee is approximately 14,000 yuan, in addition to appraisal fees, announcement fees, etc. After winning the case, the court will share the fees proportionally. Regarding the trial period, in practice, simple procedures are generally completed within three months, and ordinary procedures are generally completed within six months. However, cases involving handwriting identification, property appraisal, or where one party's whereabouts are unknown and require announcement for service will be extended accordingly. Second-instance cases are generally completed within three months. Compared to litigation costs, the validity of the will and the organization of evidence are the key to winning or losing the case. Before suing, lawyers should first evaluate the formal requirements of the will and the evidence chain. If the parties can reach an agreement, they can resolve the dispute in accordance with Article 1132 of the Civil Code, which saves both time and money.

Q5: What should the donee do if they fail to fulfill the obligations attached to the will?

According to Article 1144 of the Civil Code, if there are obligations attached to the inheritance or gift by will, the heirs or donees shall perform the obligations. If they fail to perform them without justifiable reasons, the people's court may, upon the request of interested parties or relevant organizations, revoke their right to accept the part of the inheritance subject to obligations. For example, if the will states "pay the sisters after selling the house" but the recipient refuses to pay, the beneficiary relatives may sue to require them to perform their obligations or request the court to revoke their right to accept the corresponding inheritance. When making a will, the content of the obligations, the time limit for performance, and the method of performance should be specified in detail, which is not only conducive to execution but also reduces disputes afterwards; the beneficiaries should keep the original will and the transaction records of the performance of the obligations.

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 Yuan Hang·Beijing Henglue Law Firm