[Direct answer]In the Beijing area, the donee shall make a declaration of acceptance or waiver within 60 days after knowing the bequest, and failure to make a declaration within the time limit shall be deemed as a waiver of the bequest. According to Article 1124 Paragraph 2 of the Civil Code of the People's Republic of China (effective January 1, 2021), the donee shall make a declaration of acceptance or waiver of the bequest within 60 days after knowing the bequest; failure to make a declaration within the time limit shall be deemed as a waiver of the bequest. Therefore, if a declaration is not made within the time limit, the donee generally cannot claim to obtain the inheritance anymore, and the inheritance shall be handled in accordance with the statutory inheritance. It is recommended that the donee make a clear declaration of acceptance in writing as soon as possible after knowing the bequest and keep the evidence. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for inheritance and family property division.

1. Problem background and typical scenarios

A bequest is the act of a testator donating personal property to the state, collectives, or organizations and individuals other than legal heirs. Disputes often arise in the following situations: the donee is unaware of the existence of the will for a long time, and by the time they become aware of it, it has already exceeded sixty days; the bequest occurs between relatives and friends, and the donee mistakenly believes that they have accepted it by default; the testator bequeaths property to nannies, friends, or charitable organizations, and the legal heirs claim that the donee's acceptance is invalid because they did not express their intention. A typical dilemma is that the donee, who acted in good faith, loses their rights due to their silence and faces fierce opposition from the legal heirs. For related inheritance procedures, please refer to the following reference materials:Creditor-debtor relations and enforcement case services.

II. Key points of contention

  • The dispute over the starting point: Knowing how to determine the time of receiving the gift—whether it is from the time of the testator's death, the time the will is made public, or the time the donee actually learns about it—directly determines when the 60-day period starts to count.
  • The controversy over the method of expression: whether WeChat, text messages, emails, etc. can constitute an effective expression, and to whom the expression should be made (the executor of the will, the heirs, the court) in order for it to take effect.
  • The heir obstructs the right to know the truth: If the legal heir conceals the will and causes the donee to miss the statute of limitations, does this constitute a bar to the statute of limitations or a liability for fault? There are significant differences in legal practice on this issue.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers point out in inheritance practice that the success or failure of disputes over donations often hinges on two factors: time limits and evidence. Many donation recipients lose the case not because they lack substantive rights, but because they fail to make a provable acceptance statement within 60 days. Lawyers suggest that once they learn about the donation, they should immediately express their acceptance in writing (such as a letter or a declaration) to the executors of the will or all the heirs, and deliver it by express mail or notarization at a fixed time. For real estate, they should initiate the procedure of confirming ownership or transferring ownership as soon as possible to avoid the heirs being disposed of. If the heirs conceal the will from the donation recipients, causing a time overrun, the lawyers will collect evidence of the concealment and argue that the donation recipients' knowledge of the will should be extended, or the share dispute should be resolved together in the inheritance litigation. The relevant documents and evidence can be organized accordingly.Business and contract dispute services for enterprisesThe evidence-gathering methods mentioned in the article.

IV. Practical suggestions and legal basis

Legal basis: Article 1124 of the Civil Code distinguishes between heirs and donees, where a heir's silence is deemed acceptance, and a donee's failure to express acceptance within 60 days is deemed a waiver; Article 1133 defines the definition of a legacy; the relevant statutes of limitations and rules of evidence in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023) apply to inheritance litigation. Practical advice: The donee should immediately express acceptance in writing and retain the relevant documents upon becoming aware of the legacy; serve the will executor and all heirs simultaneously; handle the transfer of real estate as soon as possible; if the heir conceals the will, promptly collect evidence and consult a lawyer, and, if necessary, assert rights in legal inheritance litigation. For procedural coordination, please refer to the relevant provisions.Special services and other case services.

5. Henglu Law Firm's Advice

The acceptance of a bequest is an active act of asserting ownership rights, and the rigid rule that silence means giving up cannot be neglected. The donee should decisively and demonstrably accept the bequest within 60 days after becoming aware of it, and proceed with the transfer of ownership or the confirmation of ownership rights as soon as possible; the heir should truthfully disclose the will. Concealment may not only lead to disputes over time limits, but also result in liability for compensation. The inheritance legal relationship is highly professional and subject to strict time limits. It is recommended to organize the will, communicate records and clues to the estate, and consult professional lawyers to formulate acceptance and protection plans at the early stage of awareness, so as to avoid losing substantive rights due to procedural omissions. For more inheritance protection experience, please pay attention to us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Did the donee not indicate whether they accepted or rejected the gift?

I'll just give up. This is exactly the opposite of the rules for statutory heirs: statutory heirs are deemed to accept the inheritance if they remain silent, while according to Article 1124(2) of the Civil Code, if the donee fails to express his or her acceptance within 60 days after learning of the bequest, he or she shall be deemed to have waived the right to accept the bequest. The legislative logic is that a bequest is a purely profitable act for outsiders, and the donee needs to actively express his or her acceptance to prevent the inheritance from being left unresolved for a long time. Therefore, the donee must not just wait silently for the money to automatically arrive. He or she must express his or her acceptance within the 60-day period, otherwise the right will be extinguished and the inheritance will revert to the statutory heirs. There are risks of proof in oral expressions, so it is recommended to use written forms and retain proof of delivery.

Q2: When does the 60-day period start after receiving the inheritance?

The starting point is the date on which the donee learns about the gift, rather than the date of the testator's death or the date the will was drafted. According to Article 1124 of the Civil Code, the donee shall express his/her acceptance of the gift within 60 days after learning about it. In practice, if the testator appoints an executor in the will or informs the donee of the gift, the date of learning about the gift can be easily determined. However, if the will has not been disclosed for a long time or the heirs have concealed it, the date on which the donee actually learns about the content of the will and the fact that he/she has been bequeathed the gift shall prevail. The donee should fix the evidence of the date of learning about the gift as soon as possible, such as receiving a copy of the will, notifications from the heirs, or notifications from the notary; if the heirs maliciously delay the disclosure of the will, the donee may claim that the reasonable date of disclosure or the date of filing a lawsuit shall be the starting point of learning about the gift, which shall be determined by the court based on the evidence.

Q3: If I use WeChat to tell the heir to accept the inheritance, does that count as a clear acceptance?

In principle, it counts, but the key is to provide evidence. The law does not stipulate that the acceptance must be in a specific written form. WeChat messages, text messages, emails, etc. that can clearly express the intention of accepting the bequest can generally be regarded as valid expressions. The risk is that the chat records need to be able to prove the time of sending, the identity of the other party, and the clear content (rather than vague greetings), and it is best to send them to the executors of the will or all the heirs, rather than just to unrelated third parties. For safety's sake, it is recommended to simultaneously adopt a written statement and have it notarized or delivered by express mail to form multiple pieces of evidence. In the event of a dispute, WeChat records can be used as supporting evidence, but single, easily lost chat evidence has limited probative force when denied by the other party, so it should be preserved as soon as possible.

Q4: If the heir intentionally fails to inform me of the content of the will, what should I do if I miss the deadline for accepting the inheritance?

It can be claimed that the actual date of being informed should be used as the starting point, and the responsibility of the party who concealed the information should be investigated. The sixty-day period starts from the date the donee learns about the bequest. If the heirs maliciously conceal the information and prevent the donee from obtaining relevant information, the court will usually take the date the donee actually learns about the bequest as the starting point of the time limit, rather than the date of the testator's death. The donee should collect evidence of the concealment, such as communication records requesting the disclosure of the will, statements from the heirs admitting that they hold the will, and notifications from the notary office or the court; at the same time, they should express their acceptance as soon as possible and sue to assert their rights. If the estate is transferred or devalued due to the concealment, compensation can also be claimed. It is important not to wait passively for the other party to inform you. Instead, you should actively inquire about the will and push for its disclosure.

Q5: If I fail to report the overdue payment within the time limit, is it still possible to submit a statement of acceptance for the reissued card later on?

Generally, it's useless. If the heir fails to make a declaration within 60 days, the law presumes that he/she has waived his/her rights. After the expiration of the time limit, it's impossible to reverse the rights that have already been extinguished by making a declaration of acceptance at a later date. There are very limited exceptions: if there is evidence to prove that the heir has made a declaration within the time limit but failed to keep the relevant documents, or if it can be proven that the starting point of the time limit should be postponed (such as being concealed), there is still room for negotiation, but the heir will bear a heavier burden of proof. Therefore, don't rely on remedies after the fact. The key is to make a valid declaration and fix the evidence within the time limit. If the time limit has already passed, the estate will usually be distributed among the heirs according to the statutory inheritance rules, and the heir can only negotiate with the heirs, making it difficult to enforce his/her rights by force. For complex situations, it's advisable to seek legal assistance as soon as possible.Legal services for inheritance and family property divisionEvaluate whether there are still possibilities for relief.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue Law Firm