[Direct answer]Yes, but there are consequences to terminating the agreement. A legacy support agreement is a bilateral contract: the supporter assumes the obligation of supporting the deceased, and the property of the decedent belongs to the supporter after their death. If both parties agree, they can terminate the agreement at any time; if one party fails to perform the agreement without a valid reason, according to relevant judicial interpretations—if the supporter fails to perform the agreement without a valid reason, they will lose the right to receive the legacy, and the support fees already paid will generally not be compensated; if the decedent fails to perform the agreement without a valid reason (such as disposing of the agreed-upon property without authorization), they should repay the support fees already paid by the supporter. Think it through before signing, and settle accounts before terminating the agreement.

I. Problem Background and Typical Scenarios

Old people without children sign donation and support agreements with neighbors or institutions, stipulating elderly care and the ownership of their property after death; a few years later, the relationship deteriorates—the elderly complain about inadequate care and want to change caregivers, while the caregivers accuse the elderly of being capricious and want to withdraw; there are also elderly people whose children return to their home countries and demand to "take them back and revoke the agreement". Once the agreement is signed, it's almost inevitable that either party will change their mind halfway—the relationship of personal care is inherently more fragile than that of money. Deteriorating health, family changes, and conflicts in getting along may all trigger the desire to withdraw. The rules for terminating the agreement serve as a safety valve for both parties and a basis for settling disputes.

II. Key points of contention

First, the legal path of termination, and the conditions for negotiated termination and unilateral termination; Second, how to settle the accounts for the part that has been performed, and the scope and standards of compensation for maintenance fees; Third, the responsibility when the agreed upon property has been disposed of; Fourth, the order of effectiveness when the agreement conflicts with the will.

III. Professional analysis by Henglue Law Firm

First, legal effect and status: The gift and support agreement has the highest legal effect—after the inheritance begins, the agreement shall be implemented first, followed by the will, and finally by statutory inheritance. Therefore, once the agreement is signed, the decedent's disposition of the agreed-upon property may constitute a breach of contract. Second, resolution path: Resolve the agreement through mutual consent, and settle the fulfilled support obligations according to fair principles. If the breach of contract leads to the termination of the agreement, the party in breach shall bear the compensation or self-bearing costs according to the aforementioned judicial interpretations. Third, high-conflict points: Whether the support obligations are fulfilled often leads to disputes—care frequency, medical accompaniment, and funeral arrangements all require evidence. It is recommended to keep care records, expense receipts, and communication records during the performance, which serve as proof of performance and settlement basis. If the elderly sell the property to their children without authorization, the caregivers can claim breach of contract compensation. If the caregivers fail to fulfill their care obligations for a long time, the elderly can terminate the agreement and make alternative arrangements. Fourth, practical advice: The agreement should clearly specify the support standards (specific content of housing, diet, medical care, and funeral arrangements), the scope of property and delivery time, and resolution and settlement clauses, and be notarized if possible. If the relationship deteriorates during the performance, initiate resolution through written communication first to avoid being deemed as unreasonable withdrawal. The gift and support agreement addresses "who will care for the elderly and who will inherit the estate," while the resolution rules address "how to settle accounts when the partnership ends." Clarifying both issues ensures long-term cooperation and amicable resolution upon termination.

IV. Practical suggestions and legal basis

The first step is to specify the list of support obligations, the scope of property, and the liability for breach of contract item by item when signing the agreement; the second step is to continuously document the evidence of care and expenditure during the performance of the agreement; the third step is to negotiate and form a settlement plan in writing before proposing to terminate the agreement; and the fourth step is to confirm the termination and compensation amount through litigation if the dispute cannot be resolved. The main legal basis includes Article 1158 of the Civil Code of the People's Republic of China on bequest and support agreements, Article 1123 on the order of effectiveness (effective from January 1, 2021), and the Interpretation of the Inheritance Chapter of the Civil Code by the Supreme People's Court (I) regarding the termination and compensation of bequest and support agreements; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The focus of a legacy maintenance agreement is on fulfilling the obligations and leaving evidence: there should be records of the care provided and receipts for the expenses incurred, so that the obligations can be clarified when the agreement is terminated; as for the consequences of breaching the agreement, they should be clearly stated when signing the agreement. For matters involving legacy maintenance agreements, the parties concerned can resolve them through legal means.Inheritance of property and division of family assetsObtain a comprehensive solution for the service; for matters involving drafting and notarizing agreements, it can be combined with other services.Special servicesPlate; for those involving cooperation with elderly care institutions, you can refer to it for reference.Business and contract disputes in enterprisesColumn; for those involved in property disputes arising from agreements, you can seek adviceCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Which takes precedence, the legacy support agreement or the will?

The agreement takes precedence. After the inheritance begins, the succession shall be handled in accordance with the agreement on legacy and support, and the remaining property shall be dealt with in accordance with the will or statutory inheritance. This order of priority is clearly stipulated in Article 1123 of the Civil Code.

Q2: How should we deal with a guardian who fails to fulfill their obligations?

If the guardian fails to fulfill his obligations without a valid reason, resulting in the termination of the agreement, he will lose the right to receive the bequest, and the guardianship expenses already paid will generally not be compensated.

Q3: If an elderly person changes their mind midway, do they have to pay compensation?

If the heir terminates the agreement without a valid reason, he/she shall repay the maintenance expenses already paid by the maintenance person; if he/she disposes of the property agreed upon in the agreement without authorization, he/she may also bear the liability for breach of contract, and the specific amount shall be settled according to the degree of performance.

Q4: What procedures are required to terminate the agreement?

The parties shall sign a written termination agreement and specify the settlement of accounts upon mutual consent; if no agreement can be reached through negotiation, the termination and compensation shall be confirmed through litigation, and the registration of the property involved shall be handled simultaneously.

Q5: What should be clearly stated in the agreement when signing it?

The specific standards of the obligation of support, the scope and ownership of the agreed upon property, the methods of supervising performance, and the provisions for termination and settlement are all potential triggers for future disputes if any of them are missing.

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 situations.

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.