[Direct answer]No. Gifts completed before death—such as movable property that has been delivered, real estate that has been transferred and registered, and deposits that have been transferred and credited—no longer belong to the deceased at the time of death and are not included in the division of the estate. However, gifts for which only a gift agreement has been signed but not delivered or transferred are still considered part of the estate in principle. Oral promises of "giving it to you later" do not have the legal effect of a gift. If the deceased maliciously transfers property to evade debts or circumvent the right of inheritance, the transfer may be revoked or recovered.

I. Problem background and typical scenarios

In inheritance disputes, gift disputes are highly concentrated in three scenarios: when the elderly transfer the ownership of the property to one of their children before their death, the other children claim that "this is the inheritance and should be divided equally"; when the elderly transfer their savings to their younger relatives who take care of them, the relatives question it as "embezzlement"; and when the elderly transfer the property they owned before marriage to their current spouse after remarriage, the children from their previous marriage are not satisfied. The core issue is always the same: whether this property still belongs to the elderly at the moment of their death.

II. Key points of contention

First, the timing of the completion of the gift. For real estate, it is subject to registration; for movable property, it is subject to delivery; and for deposits, it is subject to the transfer of funds. The determination of the completion time directly determines whether the gift will be included in the estate. Second, the handling of uncompleted gifts. For real estate where a signed agreement has not been registered, and where the registration has not been changed before the donor's death, it is generally considered part of the estate. The donee may have difficulty resisting other heirs solely on the basis of the agreement. Third, the challenge of the mandatory share. Neither a will nor a gift can deprive heirs who lack working capacity and have no source of livelihood of their necessary share. The centralized transfer of property during one's lifetime may be partially adjusted. Fourth, the creditor's right of revocation. If a debtor transfers property at a low price or without compensation before death to evade debts, the creditor may sue to revoke the transfer.

III. Professional analysis by Henglue Lawyers

The distinction between a gift made during one's lifetime and an inheritance, technically speaking, hinges on two key questions: the "completion point" and the "legal defects of the gift". **Rules for determining the completion point**: - If the property transfer has been registered, the gift is considered completed. At the time of death, the property belongs to the recipient and is not included in the estate. - If only a gift agreement has been signed or notarized but not registered, the contract is valid but the ownership rights remain unchanged—the property still belongs to the estate, and other heirs have the right to challenge the contract's implementation. - For actions such as transferring funds, transferring stocks, or delivering vehicles, the completion point is similarly determined. **Three scenarios of legal defects require separate review**: 1. **Fraud, coercion, or collusion harming others' rights**: The gift may be declared invalid. 2. **Dispossession of non-own property**: For example, transferring family-owned assets or a spouse's share as personal property—a common pitfall in remarriage or family restructuring. 3. **Preemptive rights**: When an heir with limited capacity or no livelihood sources is deprived of their mandatory share by a pre-death gift, they may claim compensation from the estate. **Practical evidence checklist**: - For determining the completion point: Review registration documents, bank records, and delivery receipts. - For verifying the gift's authenticity: Check the gift agreement, notarial documents, and the elderly's mental capacity at the time of signing—disputes over elderly being coaxed into signing gifts often arise, with the signing process and witness statements becoming key points of contention. - For supporting care arrangements: Review care records and arrangements where property is gifted to long-term caregivers. Courts tend to tolerate such arrangements, but procedural flaws remain a risk. **Practical advice for families**: - For large-scale gifts, especially property transfers, conduct capacity assessments or notarization in advance to solidify evidence of the elderly's true intent. - Recipient children should avoid intentionally delaying registration to save tax fees—such arrangements are legally flawed. Either complete the transfer definitively or proceed with inheritance through a will. **Creditor perspective**: - If the elderly transfer large assets without compensation or debts remain unpaid after death, creditors may exercise their right of revocation within the statute of limitations to recover assets for debt repayment. The closer the transfer timing is to the debt, the greater the risk. Beijing courts conduct meticulous reviews in such cases, reconstructing events through registration documents and bank records. Relying on "memory recall" is unreliable.

IV. Practical suggestions and legal basis

First step, time point verification: Complete sets of certificates for the transfer of real estate, transfer of deposits, and delivery of movable property should be preserved. Second step, formalizing intentions: Conduct capacity assessment and notarization for large-scale donations. Third step, choose one of the two options: Either complete the transfer or establish a will for inheritance—avoid half-hearted arrangements. Fourth step, debt investigation: Clear debt risks before donation to avoid triggering revocation. Main legal basis: Article 214 (Effectiveness of Real Estate Property Registration) and Articles 657 to 663 (Donation Contracts) of the Civil Code of the People's Republic of China (effective since 2021); Article 538 (Creditor's Right of Revocation); Article 1141 (Mandatory Reservation Share); and Article 1122 (Scope of Inheritance). Specific applications shall follow the currently effective regulations.

5. Henglu Law Firm's Reminder

The dividing line between a gift made during one's lifetime and an inheritance is simple: at the moment of the elderly person's death, is the property still in their name and in their possession? Once the transfer of ownership is completed, verbal promises become meaningless. For those who have made large-scale gift arrangements at home, completing three tasks—transfer of ownership, notarization, and proof of legal capacity—can help avoid litigation after their death. Cases involving the distinction between gifts and inheritance can be resolved through legal means.Inheritance of property and division of family assetsFor a comprehensive solution to the service involving the transfer and registration of real estate, you can refer to the following information for reference.Property sales and construction projectsFor plates involving debt cancellation and recovery of debts, you can refer to the following for more information.Creditor's rights and debts, and enforcement casesFor the modules involving document preparation and notarization, you can combine them togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: If the notarized gift agreement has not been transferred to the recipient, is the house considered part of the estate?

Yes, if the change of ownership has not been registered, the property still belongs to the estate, and the donee can claim to continue to perform the contract, but it is difficult to resist the division of the estate.

Q2: Can the deposits transferred by the elderly before their death be recovered and divided equally among their heirs?

For those who have legitimate reasons (for support, medical treatment, or completing a gift), they cannot maliciously transfer or damage the reserved share, and they can claim to adjust it accordingly.

Q3: What should the elderly do if they are persuaded to transfer the ownership of their house?

It can be claimed that the contract is revocable or invalid, and medical records, witness statements, and audio evidence should be collected to verify the patient's capacity for action and true intentions.

Q4: Can you still change your mind about a gift after making it?

Before the transfer of ownership is completed, it can be revoked in accordance with the law (except for those with notarization or for disaster relief purposes), but it is generally not allowed after the transfer is completed.

Q5: Which is more cost-effective, a gift or an inheritance?

There are various taxes and procedural costs involved. For real estate inheritance transfers among close relatives, the taxes are usually lower, which is calculated based on the family's financial situation.

The above answer is based on the judicial practice in Beijing. The judicial interpretations 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. If you encounter disputes, please consult a practicing lawyer in time.