[Direct answer]In the Beijing area, it is allowed, but it must be drawn up in accordance with legal formalities. Oral promises do not have the effect of a will. Article 113 of the Civil Code of the People's Republic of China stipulates that a natural person may make a will to designate one or several of the statutory heirs to inherit his personal property; Article 114 stipulates that a handwritten will must be written, signed and dated by the testator in person. The above provisions came into effect on January 1, 2021. If the property belongs to the couple jointly, the will can only dispose of the testator's own share; if it is designated to someone other than the statutory heirs, it is a gift, and the donee must make an acceptance within 60 days after knowing the gift, otherwise it will be deemed as a waiver.

1. Problem background and typical scenarios

When it comes to leaving real estate to a particular child, it's one of the most common arrangements made by elderly people during their lifetime, especially in families with multiple children, remarried families, and situations where children have been taking care of them for a long time. Common misunderstandings also focus on this area: some elderly people only verbally mentioned "the house will be given to the third child" at the dinner table, some handed over the house deed to their children in advance but did not complete the transfer of ownership, some wrote wills but failed to allocate their spouse's share, and some signed a waiver of inheritance with their children after making a will. These actions often lead to a series of disputes after the elderly people pass away.

II. Key points of contention

First, whether the form is legal. There are six forms of wills: self-written, written by others, printed, audio and video recordings, oral, and notarized. Each of these forms has its own requirements, and all of them are indispensable. For a printed will, there must be at least two witnesses present who sign each page and date it. Second, whether the scope of disposition exceeds the limits. Marital property and deposits are usually jointly owned by the couple, and a will can only dispose of the testator's share. Any portion that exceeds the limits is invalid. Third, the restriction on the mandatory share. For heirs who lack the ability to work and have no source of livelihood, the will should reserve the necessary share for them. Fourth, the distinction between bequest and inheritance. Gifts to people other than legal heirs, such as grandchildren and daughters-in-law, are considered bequests. If they do not express their acceptance within 60 days, it is deemed that they have waived their rights. Fifth, the differences in the effectiveness of oral promises and written declarations, as exemplified in this case.

III. Professional analysis by Henglue Lawyers

An inheritance dispute in Daxing District of Beijing vividly illustrates the consequences of failing to leave a written will. The deceased, Liu Shunqiang, and his wife, Zhang Shufen, had three daughters, Liu *1, Liu *2, and Liu *3. At the time of Liu Shunqiang's death, he had not left a will. The disputed property, House No. 403, was jointly owned by the couple and was currently valued at 2.4 million yuan. Zhang Shufen claimed that the house should belong to her and that she should pay the three daughters a compensation amount, while the eldest daughter, Liu *1, claimed that her parents had verbally promised to leave the house to her before their death and submitted two declarations and a phone recording, demanding a compensation amount of 1.2 million yuan. Zhang Shufen appointed Feng Na, a lawyer from Beijing Henglu Law Firm, to represent her. The lawyer's argument was that the oral will claimed by Liu *1 lacked sufficient evidence and could not be used as a basis for inheritance distribution; the two declarations signed by Zhang Shufen were essentially conditional gifts, and the right to transfer the gifted property had not yet been transferred, so they could be revoked according to law; at the same time, the lawyer submitted evidence showing that Liu *1 had behaved inappropriately towards Zhang Shufen during their cohabitation. The court ruled that inheritance begins upon the death of the deceased and is handled according to statutory succession. The couple's jointly owned property should first be divided equally among the spouses. The oral will claimed by Liu *1 was not admitted due to insufficient evidence, and renouncing inheritance must be done in writing. Zhang Shufen had the right to revoke the gift. Considering that Liu *1 had fulfilled her duty of supporting Liu Shunqiang to a greater extent, the court ruled that she should inherit an additional amount. Ultimately, the court ruled that House No. 403 in Daxing District of Beijing should be inherited by Zhang Shufen, who would pay Liu *1 a compensation amount of 450,000 yuan and Liu *2 and Liu *3 each 300,000 yuan. The case was handled by Beijing Henglu Law Firm. 北京大兴区的一起继承纠纷，恰恰说明了“不留书面遗嘱”的代价。被继承人刘顺强与张淑芬系夫妻，育有三女刘某1、刘某2、刘某3。刘顺强去世时未留遗嘱，双方争议的403号房屋系夫妻共有，现值240万元。张某主张房屋归自己所有，由其向三个女儿支付折价款，而长女刘某1主张父母生前口头承诺将房屋留给她，并提交了两份声明及电话录音，要求120万元折价款。张淑芬委托北京恒略律师事务所冯娜律师代理。律师代理意见认为：刘某1主张的口头遗嘱缺乏充分证据，不能作为遗产分配依据；张淑芬签署的两份声明属于附义务赠与，赠与财产的权利尚未转移，可以撤销；同时提交证据证明刘某1共同居住期间对张淑芬存在不当行为。法院认定继承自被继承人死亡时开始，按法定继承办理，夫妻共有财产先分出一半归配偶，刘某1主张的口头遗嘱因证据不足不予采信，放弃继承须以书面形式作出，张淑芬有权撤销赠与；综合刘某1对刘顺强尽赡养义务较多，酌情判令其多继承。最终判决北京大兴区403号房屋由张淑芬继承所有，张淑芬支付刘某1折价款45万元、刘某2与刘某3各30万元。本案由北京恒略律师事务所代理。Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

According to Article 1123 of the Civil Code of the People's Republic of China (inheritance shall be handled in accordance with the will), Article 1133 (the heir shall be designated by the will), Articles 1134 to 1139 (six forms of wills and their essential elements), Article 1141 (mandatory reserved share), and Article 1153 (separation of the spouse's share from the couple's jointly owned property), all of the above provisions came into effect on January 1, 2021; the Interpretation of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (No. 23 of 2020, effective January 1, 2021) stipulates the qualifications of witnesses and the correction of formal defects. Recommendations: First, prioritize the use of self-written or notarized wills. Self-written wills must be written in full, signed, and dated. Second, verify the ownership of the property rights first, and only dispose of the owned shares. If necessary, complete a marital property agreement first. Third, avoid oral promises. All arrangements should be in writing. Fourth, when leaving the property to people other than legal heirs such as grandchildren, remind them to express their acceptance in writing within 60 days and keep the proof. Fifth, keep the original will with you, store an electronic copy, and inform trusted individuals about it.

5. Henglu Law Firm's Reminder

The purpose of the elderly making a will is to "distribute their assets according to their own wishes", but only a legally valid written document can ensure that their wishes are carried out. In practice, there are three high-risk points worth noting: First, the spouse's share of the assets cannot be disposed of, otherwise the relevant provisions of the will will be invalidated, and the entire arrangement may even lead to litigation; Second, the testator's capacity to make a will is often questioned afterwards. It is recommended to keep medical examination records or video recordings before and after making a will; Third, the will only determines the ownership of the assets. To transfer the ownership of the property, it is necessary to go through the inheritance registration process. According to Article 14 of the Implementing Regulations of the Interim Regulations on Real Estate Registration (Order No. 63 of the Ministry of Land and Resources, implemented on January 1, 2016), the following materials can be submitted: death certificate, will, agreement on the distribution of real estate among all legal heirs, and kinship materials. It is also possible to submit a notarized certificate or a legally effective document. When handling such procedures in Beijing, the registration authorities are stricter in reviewing the form of the will and the scope of the heirs. It is recommended to prepare the relevant materials in advance and follow the requirements of the registration authorities to ensure the smooth progress of the registration process.\nInheritance and division of family propertyCoordinate and arrange everything under the framework, and consult with others simultaneously when necessaryProperty registration and transfer of ownershipThe requirements for handling the application, and in conjunction withSpecialised legal servicesConnection.Beijing Henglu Law FirmTip: A well-formulated will costs very little, but it can help avoid a protracted family lawsuit.

VI. Frequently Asked Questions

Q1: Is it possible to leave the house to specified children?

Yes, provided that the will is legal and valid and does not exceed the legal limits. If the property belongs to the elderly person's personal property, it can be designated for inheritance by a certain child according to Article 1133 of the Civil Code; if it belongs to the couple's joint property, only the person's own share can be disposed of, and the remaining share shall still belong to the spouse or be disposed of by the spouse separately. If the designated person is someone other than the legal heirs, it is a bequest, and the person must express their acceptance within 60 days. As long as the form and scope are correct, the court will generally respect the will of the testator.

Q2: What materials do I need to prepare?

In addition to the will itself, it is recommended to prepare the real estate ownership certificate, the purchase contract and payment receipts, the marriage registration file (used to determine whether it belongs to the couple's joint ownership), the materials of kinship (household registration booklet, birth medical certificate, personnel file and kinship registration), and the testamentary person's physical examination or diagnosis records. For those who choose a notarized will, they should submit the identity and ownership materials as required by the notary office. For those who choose a self-written will, it is recommended to simultaneously record the process and keep the original writing to avoid disputes over handwriting and dates in the future.

Q3: How much does it cost to make a will and to litigate in the future?

A self-written will itself does not incur any fees; a notarized will is subject to the fee standards of the notary office, which are usually charged according to the value of the property and vary from region to region. If an inheritance lawsuit arises, the attorney's fees are negotiated based on the amount of the dispute, and the litigation fees are prepaid in accordance with Article 13 of the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), which are calculated based on the amount of the dispute. For cases involving less than 10,000 yuan, the fee is 50 yuan per case. For cases handled through simplified procedures or resolved through mediation, the fee can be halved. Overall, the cost of pre-emptive regulation is far lower than that of litigation after the fact.

Q4: How long does it take from making a will to completing the transfer of ownership?

The process of making a will can be completed within a few days, but a notarized will needs to be handled in accordance with the procedures of the notary office, and it is generally issued within 15 working days from the date of acceptance. After the elderly person passes away, if there are no disputes among all parties and all materials are complete, the inheritance registration can usually be completed within one to three months; if there are disputes and the case goes to litigation, the first-instance trial usually takes six to twelve months, plus the second-instance trial and subsequent transfer of ownership, the overall process may take more than a year. It is recommended that the elderly person prepare all the materials related to ownership and kinship while they are still alive, which can significantly shorten the subsequent processing time.

Q5: What should I do first?

First, confirm the nature of the property ownership: whether it is the elderly person's personal property or jointly owned by the couple, and whether it involves special sources such as housing reform and unit welfare housing. This determines how much of the property can be disposed of in the will. Secondly, clarify the arrangement of beneficiaries, whether it involves people other than legal heirs such as grandchildren, so as to determine whether it is necessary to prompt them to accept the bequest. Finally, choose an appropriate form of will and implement the signing, witnessing, video recording and other requirements, while keeping the original document safe. For cases where there is a risk of disputes over the results, it is advisable to conduct a professional review while the elderly person is still alive.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 Xue Suhua·Beijing Henglue 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.