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Is the Ningbo prenuptial agreement valid for mutual inheritance?

Ningbo Author：LuXu WANG

Someone wrote in their prenuptial agreement: “Neither party shall inherit the other’s estate.” "Does the law recognize this agreement? If one party really leaves, can the other party exclude inheritance by agreement? The conclusion begins: this kind of clause is essentially a husband and wife property agreement, which is legally binding within the husband and wife, but it is not a" death-free gold medal "that can resist all the rules of inheritance-it cannot deprive the heirs who lack the ability to work and have no source of income of the necessary share reserved by law (must be retained), and cannot naturally resist the compulsory rules of external legal inheritance, nor does it extinguish the right of the other party to make a separate will to dispose of personal property. This article systematically dissects the provisions of the Civil Code layer by layer.

1. Legal Qualification of the Clause on Non-Inheritance: Spousal Property Agreement

Article 1,065 of the Civil Code provides: “The parties to a marriage may agree that the property acquired during the marriage, as well as the property owned prior to marriage, shall be owned by each party individually, jointly, or partly by each party and partly jointly.” The agreement shall be in writing. …Any agreement between spouses regarding property acquired during the marriage as well as premarital property shall be legally binding on both parties. “An agreement made before or during marriage stipulating that the parties shall not inherit each other’s estate” is, in essence, an arrangement concerning the ownership and transfer of property during the marriage and upon the death of one party. Such an agreement falls within the category of marital property agreements and is legally binding on both parties—this is fundamentally distinct from loyalty agreements that merely restrict personal freedom or punitive clauses. The significance of

characterization lies in the different sources of effectiveness: if it is identified as a common contract or a gift arrangement, rules such as arbitrary revocation may apply; and if it is identified as a husband and wife property agreement, as long as it does not violate the mandatory provisions of the law and public order and good customs, both parties should abide by it. In practice, when determining whether a document constitutes a valid marital property agreement, courts primarily consider three factors: whether the agreement reflects the genuine intentions of both parties, whether it is in writing and signed by both parties, and whether the terms are clear and specific (specifying which assets are involved and how ownership is to be allocated). For large-value assets, such as real estate, it is advisable to have the transaction notarized or promptly register the change of ownership to strengthen the evidentiary force of its authenticity.

Internal effect of 2. on both spouses: Agreement takes precedence

The “non‑inheritance” clause constitutes a valid property arrangement between spouses: upon the death of one spouse, the portion of the estate that, pursuant to the agreement, would have been attributable to the surviving spouse shall be disposed of in accordance with the agreement and shall not form part of the surviving spouse’s statutory inheritance. It is important to accurately understand the order of application of inheritance law: Article 1,123 of the Civil Code stipulates that, upon the commencement of succession, statutory succession shall apply; where a will exists, succession or bequest shall be carried out in accordance with the will; and where there is a testamentary trust agreement, it shall be executed according to the terms of the agreement. Meanwhile, a marital property agreement addresses the issue of the “estate’s scope”—that is, which assets constitute the estate—by first determining the ownership of those assets. The parties have clearly delineated “yours, mine, and ours” through a property agreement; therefore, the deceased’s personal property remains his or her estate, and the surviving spouse, pursuant to the agreement, has no right to acquire it and thus it does not fall within the scope of statutory inheritance. This is the mechanism behind “priority of agreement”: the clause excluding mutual inheritance does not extinguish the surviving spouse’s right to inherit; rather, by specifying the ownership of property, it precludes the spouse from being an heir in the first place.

3. Reserved portion: An inviolable mandatory red line.

Article 1,141 of the Civil Code stipulates: “A will shall reserve a necessary share of the estate for heirs who lack the capacity to work and have no source of livelihood.” This “reserved portion” rule is a mandatory provision under inheritance law. Although a marital property agreement differs from a will, if its effect in substance deprives such heirs of the necessary means of subsistence, the relevant provisions may be deemed invalid or not enforced.

Illustration (example, fiction): Party A and Party B agreed before marriage not to inherit each other's inheritance, and Party A and their ex-wife's underage and incapacitated child, Party C, lived with Party A. If, at the time of A’s death, C lacks the capacity to work and has no source of livelihood, and B asserts that C may not inherit A’s estate on the basis of a mutual non‑inheritance agreement, such an assertion shall not be upheld to the extent that it infringes upon C’s reserved portion—C shall nonetheless be entitled to receive a necessary share from A’s estate. In remarried families, special care must be taken: equating “mutual non‑inheritance” with “leaving no share to the other party’s children” can easily cross a legal or ethical line. The way to avoid this is to expressly reserve the statutory share in the agreement and proactively include the necessary allocation in the contract, rather than having it forcibly adjusted by the court afterward.

The relationship between 4. and wills, legal succession

Article 1,133 of the Civil Code provides that a natural person may, in accordance with this Law, make a will to dispose of his or her personal property. The marital property agreement cannot deprive one party of the right to make a separate will: one party can dispose of the property in his own name with a will outside the agreement. If there is neither a valid agreement nor a will, it shall be dealt with according to legal inheritance-the first order successor of legal inheritance is the spouse, children and parents (Article 1127). If there is no mutual inheritance agreement, the spouse is the legal heir of the first order, and the scope of inheritance is compressed or excluded when the agreement exists.

There is another point that is easy to be confused: the agreement that "mutual inheritance" does not mean giving up the right of inheritance. Abandonment of inheritance is a unilateral expression of intention made after the beginning of inheritance and before the division of the estate (Article 124), which is aimed at inheritance that has already occurred. The two have different legal natures and cannot substitute for one another— if one wishes to renounce only a specific item of the estate, they must submit a written declaration in accordance with the statutory procedures after the inheritance has commenced.

5. Analysis of Common Misconceptions

  1. Myth 1: Once we sign a “mutual non‑inheritance” agreement, I won’t be entitled to any inheritance if the other party passes away; the agreement is absolutely valid.Correct answer: The clause is valid as between the spouses, but it may not deprive a compulsory heir of their statutory share; if a compulsory share applies or if the other party has made a separate will, the arrangement must be adjusted accordingly and does not absolutely preclude all other possibilities.
  2. Misconception No. 2: A prenuptial agreement can override all heirs, creditors, and external regulations. Positive solution: the agreement only produces the effect of the property system within the husband and wife, and cannot resist the compulsory rules of external legal inheritance; if one party's debt is involved, it is still treated according to the rules of debt settlement, and the rules such as the creditor's right of cancellation are also applicable.
  3. Misconception 3: As long as you sign the agreement, everything is foolproof and no notarization is needed.Correct answer: A written agreement is legally effective, but an unnotarized agreement may face challenges regarding its authenticity (e.g., handwriting, date of signing, and expression of intent) after the other party’s death. Notarization of agreements involving substantial assets can significantly strengthen their evidentiary force.
  4. Misunderstanding 4: If you write that you don't inherit each other, you don't need to make a will.Correct answer: Property agreements and wills serve different functions. For complex assets such as personal property, equity interests, and bank deposits, a will should still be drawn up concurrently to clearly specify the ownership of each asset, thereby preventing any portion not covered by the agreement from reverting to statutory inheritance.
  5. Misconception 5: Writing “mutual non-inheritance” as punitive clauses such as “no inheritance in the event of infidelity.”Correct answer: Clauses that primarily impose personal restrictions or punitive measures are of questionable validity and may be wholly or partially invalid; they should be drafted as purely property-related arrangements to avoid incorporating provisions that restrict personal rights.

6. case reference and Ningbo referee caliber

According to the report of Zhejiang Old People's Daily on April 15, 2025, Ningbo Intermediate People's Court tried a case of elderly people's remarriage and divorce, the premarital property agreement did not stipulate compensation for housework, the woman took care of her for 8 years after marriage, and the first instance awarded compensation of 100000 yuan based on the principle of fairness-it can be seen that Ningbo court may still adjust the matters not covered by the premarital agreement according to the principle of fairness, and the agreement, and the agreement should be extended as far as possible. As for the non-inheritance clause itself, according to the agreement on the property of similar couples in Zhejiang and the handling of inheritance disputes, if the written agreement is not to inherit each other and is not deprived of the necessary shares, the proportion of support within the couple is relatively high. If the agreement essentially excludes the necessary share of heirs who lack the ability to work and have no source of income, the relevant parts are mostly adjusted. In the Ningbo area, the recognition of “agreements that are valid but subject to mandatory share restrictions” is consistent with that across the entire province.

7. Practical points for coordinating with the inheritance procedure

It is agreed that "mutual non-inheritance" should be truly implemented, and two time points and a prerequisite treatment in the inheritance procedure should be understood. Article 1121 of the Civil Code stipulates that inheritance begins at the time of the death of the decedent; Article 1123 stipulates that after the beginning of inheritance, it shall be handled in accordance with legal inheritance, and if there is a will, it shall be handled in accordance with the will or bequest, and if there is a bequest maintenance agreement, it shall be handled in accordance with the agreement. However, Article 1,153 requires that, unless there is an agreement, half of the property jointly owned by the husband and wife shall be divided into the spouse's property and the rest shall be the heir's property in the division of the estate-this article is directly integrated with the agreement of the husband and wife's property: the property agreement defines "common property or personal property", and the non-inheritance clause excludes the legal inheritance of the spouse to the deceased party's personal property, when the two are superimposed, the spouse's share in the inheritance process is compressed to the extent of "his or her contractual entitlement" rather than "half of the estate".

In practical operation, we should also pay attention to: first, the distinction between giving up inheritance and agreement -- after the inheritance starts and before the inheritance is divided, the heir can give up inheritance in written form (Article 124 of the Civil Code), but giving up inheritance should be made before the inheritance is processed, and legal obligations (such as child support) cannot be evaded on the grounds of giving up inheritance; second, involving real estate, equity and other properties that need to register, if the agreement is inconsistent with the registration status, the change registration shall be handled in time, otherwise the registration status may still be determined in the notarization of inheritance or litigation. Third, when notarizing inheritance, notarization institutions usually require all legal heirs to be present for confirmation. If the mutual inheritance agreement is not notarized, they may be required to strengthen the evidence. Fourth, overseas or Hong Kong-related heritage, involving conflict norms, shall be dealt with separately according to foreign-related inheritance rules. Overall, the “agreement + notarization + registration in tandem” approach constitutes an optimal combination for solidifying the parties’ mutual intention not to inherit from each other.

For the remarried elderly group, there is another system matched with "non-inheritance" that is worth using: the right of residence. Articles 366 to 371 of the Civil Code establish the system of right of abode: the owner of a residential property may, by contract, grant another party the right of abode and register such right; the holder of the right of abode shall enjoy the usufructuary right of possession and use with respect to the residential property. If you are concerned that one of the living parties has nowhere to live after "mutual non-inheritance", you can agree to establish and register the right of residence on the property in the world at the same time, and agree that the right of residence after registration has the effect of property rights against third parties, which is more secure than relying solely on the agreement. The combined design of a right of residence and inheritance arrangements is a common practice in remarried families, allowing them to clearly delineate property while ensuring housing security. The specific provisions should be tailored to the property’s circumstances and the wishes of both parties.

From a holistic design perspective, it is advisable for a prenuptial agreement to address three key matters in a single document: the property regime (which assets belong to each spouse individually and which are jointly owned), inheritance arrangements (including mutual disinheritance and the corresponding provisions for reserved portions), and liability for debts (how marital debts will be allocated). If the agreement only addresses non-inheritance and omits provisions on the property regime and debts, any jointly acquired property during the marriage will still be governed by statutory rules, and marital joint debts may still bind both parties. Each clause of the agreement should be mutually consistent; a comprehensive design is more reliable than making isolated, individual stipulations.

The order of dealing with the conflict of terms is also worth knowing in advance: if the property agreement, will and legacy support agreement coexist and the content conflicts, according to the 1123 of the Civil Code, the legacy support agreement shall be handled according to the agreement, then according to the testamentary inheritance or legacy, and finally according to the legal inheritance; if the property agreement conflicts with the will, the scope of the estate shall be delimited according to the property agreement, then respect the will within the scope of the estate. The party who advocates the exclusion of spousal inheritance in accordance with the non-inheritance clause shall prepare the agreed text, notarized documents and property ownership documents together. The two claims proceed separately in the litigation, and the court will separately examine the validity of the agreement and the establishment of the reserved portion.

8. Frequently Asked Questions

Is it valid that the premarital agreement does not inherit each other?

As an agreement regarding marital property, it is binding internally between the parties; however, it may not deprive an heir who lacks the capacity to work and has no source of livelihood of their statutory reserved portion, nor may it override the mandatory rules governing external statutory succession. If it meets the requirements of written form, genuine intent, does not restrict personal rights, and reserves the statutory reserved portion, its validity is stable.

We agreed not to inherit from each other—can I still inherit if the other party passes away?

As agreed, the portion of the property that was intended to be yours shall be handled in accordance with the agreement and shall not be treated as part of your estate; however, if there is a reserved‑share claim or if the other party has executed a valid will disposing of their property, the arrangement shall be adjusted accordingly. The agreement excludes only the spouse’s share within the statutory inheritance framework, not the share that is legally reserved by force of law.

Can a clause stipulating that heirs do not inherit from one another be enforced against creditors?

It cannot be invoked as a defense. If a party's debt is involved, it shall still be dealt with in accordance with the relevant settlement rules, and if the creditor considers that the property agreement harms the realization of its claim, it may also claim revocation in accordance with the provisions of the Civil Code on the creditor's right of avoidance, and the agreement shall only have the effect of property within the husband and wife.

How to write it safely?

The written statement is clearly the agreement on the property of husband and wife, avoiding the penalty clause that restricts personal freedom, clearly reserving the necessary share (not excluding the necessary share of the heirs who lack the ability to work and have no source of income), notarizing the proposal involving large amount of property, arranging the will synchronously, and clarifying the relationship between the agreement and the will.

What should remarried families pay attention to when signing this kind of agreement?

The property relationship of the remarried family is complicated, so it is suggested that the property ownership, housework compensation, support arrangement and inheritance arrangement should be clearly written before marriage; it is clear which property is brought into the marriage and which value-added belongs to the individual after marriage, and it is evaluated whether it affects the mandatory retention of their children, so as to reduce future disputes.

Practical experience of 9. lawyers

Write "mutual inheritance" in the prenuptial agreement, which is legally regarded as a kind of marital property agreement, which is binding between you two; but it is not a pass that can block all inheritance rules. It cannot deprive those heirs who lack the ability to work and have no source of income of the necessary share that should be retained by law, nor can it eliminate the right of a party to make a separate will to dispose of his property. Therefore, it should be understood before signing: its effectiveness is limited and its boundaries are clear. It is easy to fail as a once-and-for-all arrangement.

If you really want to reduce the property disputes behind you, it is not enough to rely on a "mutual inheritance. It is recommended to coordinate the agreement with each party’s will: clearly specify which assets belong to each individual, who will inherit them, and whether a reserved share should be provided for specific relatives. Additionally, ensure that the will meets all formal requirements, so that any expression of intent included within the agreement does not become invalid due to formal defects. When there is a significant change in one’s property—such as remarriage, the birth of a child, or the acquisition of substantial assets—the agreement should be updated promptly; otherwise, its legal effect may no longer align with the current circumstances. When dealing with jointly owned property, it is also important to consider in advance the living arrangements of the surviving spouse after one party passes away, so as to avoid a stalemate in which one party has the right to dispose of the property while the other is left without a place to live.

There are two common misunderstandings in practice: one is that if you sign a contract, you will never get anything; the other is that if you don't sign, you will definitely be separated. The actual outcome depends on a variety of factors, including the nature of the estate, whether a will exists, and whether there are mandatory inheritance shares; any one-size-fits-all approach is likely to lead to pitfalls. When a dispute actually arises, first clarify which assets fall within the scope of the agreement and which are subject to mandatory legal rules, and then discuss the trade-offs. It is far more effective to clarify matters in advance and draft a will properly than to argue afterward about whether an agreement even holds legal weight.

The "non-inheritance" agreement is a valid property arrangement within the husband and wife, but it is not a "death-free gold medal" that can counter all inheritance rules ". Adhere to two principles: First, ensure the agreement is in writing, reflects the true intentions of both parties, does not restrict personal freedom, and clearly specifies the terms as a marital property agreement; second, never cross the mandatory red line regarding the reserved portion, explicitly stipulating that the statutory share due to an heir who lacks the capacity to work and has no source of livelihood shall not be excluded. For matters involving substantial assets, notarization and the simultaneous drafting of a will are essential to ensure that one’s wishes are truly carried out.