Insights

The 60 days of Ningbo's bequest: is it a waiver if you miss it?

Ningbo Author：LuXu WANG

first put the conclusion in the front: the person who is designated by the will to accept the estate but does not belong to the scope of the legal heir is the "legatee". A beneficiary under a bequest must, within sixty days of becoming aware of the bequest, expressly indicate whether they accept or renounce it; if no such declaration is made within that period, the law deems them to have renounced the bequest. This rule is written in Article 1124, paragraph 2, of the Civil Code. In a short sentence, many people who "think that the house will be their own sooner or later" have stumbled-not that the decedent repented, but that he did not speak. This article provides a comprehensive explanation of the sixty-day threshold: it clarifies when the count begins, how compliance is demonstrated, why donation‑maintenance agreements are typically not subject to it, whether there is still room for remedy if the deadline is missed, and concludes by offering a checklist of actions tailored to three distinct categories of parties. The judicial rules and key operational points presented in this article are distilled from practice guidelines for attorneys handling inheritance matters and from case law on inheritance disputes. The statutory provisions cited are Articles 1124, 1133, and 1158 of the Civil Code. At present, there are no dedicated public statistics available for the Ningbo area; when matters pertain to judicial standards, the national rules shall apply uniformly.

1. What is a bequest: First, clarify the question of "to whom."

A bequest is an act whereby a natural person, by means of a will, designates that his or her personal property shall be transferred to the state, a collective entity, or to organizations or individuals other than statutory heirs, and which takes effect upon the testator’s death. The basis is Article 1133, paragraph 3, of the Civil Code: A natural person may make a will to bequeath personal property to the state, a collective, or to organizations or individuals other than statutory heirs.

At first glance, it is quite similar to testamentary succession, as both rely on a will to distribute the estate. But there is a watershed between the two—The beneficiary must be a person “other than a statutory heir.”. The scope of statutory heirs is strictly defined by law: the first order consists of spouses, children, and parents; the second order comprises siblings, grandparents, and maternal grandparents. The name falls in these two orders. The property given to you by the will is called "testamentary inheritance", not bequest. Only those other than the legal heirs-nephews, nephews, nieces, cousins, friends, neighbors, or organizations such as neighborhood committees, village committees and charities-who receive testamentary property are called bequests.

Why is this line so important? Because it directly determines a world of difference in compensation. When an heir receives an inheritance, the law presumes that they have “accepted” it, unless they expressly renounce it in writing before the estate is settled; for a legatee, however, the situation is just the opposite—the law presumes that they have “declined,” and they must affirmatively and unequivocally declare their acceptance, and they must do so within sixty days. One waits passively for rights to be granted, while the other proactively asserts them—this is the most fundamental procedural difference between the two, and also the origin of countless disputes.

From a legal perspective, a bequest is a unilateral and formal legal act. It is said to be "unilateral" because the testator can set up a will by writing a will alone without the consent of the bequestee; it is said to be "essential" because it must conform to the legal form of the will-self-writing, writing, printing, audio and video recording, oral, notarization, each has its own rules, the form is not qualified, the bequest may be invalid. The cases in the materials repeatedly confirm this point: where an estate is left to a statutory heir in the form of a “bequest agreement,” some courts directly rule that “a statutory heir cannot be a beneficiary” and thus invalidate the bequest; while other courts seek to ascertain the true intention and treat it as testamentary succession. Therefore, the first step in establishing a bequest is to confirm that the beneficiary is indeed outside the statutory heirs’ scope.

2. Detailed explanation of the sixty-day rule: starting point, nature of the period, consequences ofOverdue

The original text of Article 1124, paragraph 2, of the Civil Code is quite straightforward: “A legatee shall, within sixty days after becoming aware of the bequest, indicate whether he or she accepts or renounces the bequest; if no such indication is made by the expiration of the period, it shall be deemed as a renunciation of the bequest.” "There are three key points hidden in this paragraph: the starting point, the nature of the period, and the consequences of overdue.

(I) Starting point: calculated from the "day on which the bequest is known."

It is straightforward in theory, but in practice it is the most contentious issue. Around "knowing the date of the bequest", there are several understandings: first, as long as you know the existence of the bequest, the second is from the day of the death of the heir, and the third is that you must know both the existence of the bequest and the death of the heir, from the later point of the two. The current tendency of judicial practice is the third.

The principle isn’t complicated. A bequest is an act of death, and when the heir is still alive, there is only one expectation in the hands of the bequestee, not to mention "acceptance" or "abandonment". If a person has only heard that “my uncle left me a house in his will,” yet the uncle is still alive, and is then required to make a decision within sixty days, that would clearly be unreasonable. Therefore, the two conditions of "knowing the contents of the will" and "knowing the death of the bequestee" should be met at the beginning, and the timing should be started from the later point of time.

In the data, the case of Sun Mou v. Mai Mou's inheritance dispute (the second instance of Beijing No.1 Intermediate People's Court in 2016) is a typical example: the decedent died in 2008, made his own will to leave the share of the property to his niece, and the will was handed over to his brother for safekeeping, and instructed to wait for his wife to pass on to his niece after his death. The niece did not learn of the bequest until after her aunt's death in 2015 and filed a lawsuit within two months. The court held that the sixty-day period shall commence from the date when the legatee both becomes aware of the bequest and learns of the testator’s death; since the niece filed suit within sixty days of becoming aware, she is deemed to have accepted the bequest. It can be seen that the sixtieth day does not start mechanically from the day the decedent died, but from the day the bequestee really knew.

"know" also includes "should know", but the judicial determination of "should know" is strict. It should be judged comprehensively according to the identity of the legatee, the relationship with the decedent, whether he participates in the funeral, who keeps the will and so on. It is not possible to presume a person "you should have known" casually ".

The nature of the (II) period: not a statute of limitations, can not be interrupted, suspended, extended

These sixty days are not a period that can be negotiated. It is not subject to the statute of limitations and does not fall under the rules governing interruption, suspension, or extension; rather, it more closely resembles a “period of forfeiture”: once the period expires, the law directly imposes the consequences, regardless of whether you were unaware of the law, preoccupied, or simply negligent. So don't expect to use "I didn't know there was such a rule" to fight the

60days that have passed.

(III) Consequences ofOverdue: deemed as a waiver.

The law uses the word "deemed waiver", not "presumed waiver". The two differ significantly: a “presumption” may be rebutted by contrary evidence, whereas a “deemed” fact is an assertion of law that leaves no room for challenge. If sixty days have elapsed and no response has been given, you will be deemed to have waived the bequest. After the renunciation, this portion of the estate reverts to the statutory inheritance framework and is inherited by the legal heirs. The lawyer's case-handling guidelines also make it clear that if a bequest lapses, the property involved is treated as legal inheritance.

There is also a detail that is easily overlooked: the burden of proof for acceptance and for waiver is not equivalent. Acceptance must be express; the legatee must personally prove that “I indicated acceptance within sixty days.” Renunciation may be either express or implied (silence for sixty days constitutes implied renunciation). Therefore, once a lawsuit is initiated, the party asserting acceptance typically bears a heavier burden of proof, which is precisely why maintaining a clear record—“leaving a trace”—is so crucial.

3. How to express "acceptance": Which methods are valid, and how to provide evidence?

The law does not specify the manner or the party through which such expression must be made; there are only two essential requirements: Be clear, be timely, and keep the evidence. The following practices are recognized in practice.

First, written representation. The most straightforward approach is to prepare a “Statement of Acceptance of Bequest,” clearly stating who the decedent is, the contents of the will, when you became aware of the bequest, and explicitly indicating your willingness to accept it. Finally, sign the document and include the date. Please retain the original document, and when delivering it to the other party, try to obtain proof of delivery.

Second, notarization. Having a notarized declaration of acceptance of a bequest executed at a notary office is the most probative and time‑certain approach, as it definitively establishes “when, by whom, and what statement was made,” leaving virtually no room for future disputes. The materials include a standard “Declaration of Acceptance of Bequest,” in which the declarant states: “I am aware that the decedent has passed away and left a will bequeathing a portion of the estate to me, and, in accordance with the provisions of the Civil Code, I hereby solemnly declare my intention to accept such bequest.”

Third, bring a lawsuit. The most effective "representation" is to sue the court for the acquisition of property as a bequest ". In the aforementioned Sun case, it was by prosecution within two months that the bequestee indicated acceptance.

Fourth, actual possession, management and use. For example, moving into the bequeathed house, holding the relevant certificate, collecting the rent, handling the transfer registration, paying the property fee and relevant taxes. In practice, this type of conduct is often understood as “acceptance by conduct.” However, it is necessary to keep an eye on it: it is better to cooperate with a written or notarized copy only by "living in" and "not refusing.

Fifth, make representations to the heirs, administrators, and executors.The law does not require that the offer be made to a specific person. Making a declaration to the heir or submitting it to the estate administrator or executor is equally valid; whether the other party acknowledges it or not does not affect the legal effect of such a declaration.

What needs to be reminded is that the following "expressions" are extremely risky: I only accept them in my heart, I only say a word to my family in private, and I only mention them casually in WeChat. Once the other party denies such actions, it is almost impossible to prove them, which effectively renders the expression of intent meaningless.

Key points of proof: when the authenticity of the will is disputed, the party holding the will and claiming the validity of the will should bear the preliminary burden of proof-the written will can be used for handwriting identification, and the witness qualification and presence of the will should be clearly explained on behalf of the will, the printed, audio and video recording; however, this is not unlimited liability, and the court will allocate the burden of proof according to the standard of "high reliability" and the other party's objection. In the data, Jia and others v. Jia's inheritance case (the second instance of the First Intermediate People's Court of Beijing in 2021) is an example: insufficient samples cannot be identified, but the signatures are compared to the same person, there is no difference in handwriting, the court found that a high degree of coverage has been reached, and the self-written will is valid. Evidence does not have to be "perfect", but it must be mutually corroborated and linked.

4. Sixty days and the legacy support agreement: Why the latter is mostly not applicable.

The legacy support agreement operates under a different set of principles. Article 1158 of the Civil Code provides: A natural person may enter into a legacy support agreement with an organization or individual other than an heir; pursuant to the agreement, such organization or individual shall assume the obligations of providing for the natural person’s care in life and burial upon death, and shall be entitled to receive a bequest. It differs from a bequest in two key respects.

First, the nature is different. A bequest is a unilateral act, established by a will; whereas a legacy and support agreement is a bilateral arrangement, governed by a contract—a reciprocal exchange of “you provide for my care in life and burial upon death, and I leave my property to you.” Once signed, it must be honored, and neither party may unilaterally revoke it. Second, the order of precedence differs. Article 1123 of the Civil Code states clearly: After the commencement of inheritance, statutory succession shall apply; where a will exists, inheritance 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. A legacy support agreement takes precedence over a will; when there is a conflict between the will and the agreement, the agreement shall prevail, and the conflicting provisions of the will are void from the outset.

The case of Wang and others v. Liu in the data (the second instance of the Intermediate People's Court of Chenzhou City, Hunan Province in 2018) is an example: the decedent first made a will to 1/3 the property from each of his three children, and then signed a legacy support agreement with the dependant to give the house to one of them; the court found that the agreement was in conflict with the will, and the conflicting will was invalid from the beginning; and the failure of the dependant to perform his obligations only results in his not being bequeathed, and does not allow the original will to be restored to effect, and the property is ultimately treated as legal inheritance.

So, should the sixty-day rule be applied to donation-for-support agreements? There are differing views in practice. The lawyer's case-handling guidelines list it as one of the conditions for the application of the bequest support agreement, and believe that the bequeathed should also accept it within 60 days after knowing the bequest. However, the more mainstream understanding is that the bequest right of the bequest support agreement comes from the contract between the two parties, and the dependant has already made concrete actions through the long-term performance of the obligation of "birth, death and burial" which is not the same as the property, the rule of "giving up if you don't make a statement on 60 days" should not be mechanically applied. A prudent recommendation is this: even if the agreement itself does not specify a sixty-day period for forfeiture of rights, the beneficiary should, after the testator’s death, promptly and unequivocally assert their rights—whether by making a written claim, completing the transfer of title, or filing a lawsuit—in order to minimize risks.

5. What should you do if you missed the 60-day deadline: Is there still room for recovery?

To be frank: once sixty days have passed and there’s still no response, it basically means you’ve given up, and turning things around will be very difficult. However, there is still some room for maneuver; the following exceptions are worth pursuing.

First, the starting point has not yet arrived. If you were unaware of the bequest when the decedent passed away, or if you learned of the will’s contents while the decedent was still alive, then the sixty-day period never began. At this point, you need to prove that “I only recently became aware of it”—the testamentary executor’s testimony, your usual interactions with the deceased, and the timing of your involvement in the funeral arrangements can all be used as evidence. In the case of Sun, it was the testimony of the elder brother, who had been entrusted with the will, that established that the niece had previously been unaware of its contents.

Second, it has been demonstrated through actual conduct that acceptance has been given.Although no written declaration was made, you have already taken actual possession of, used, and disposed of the bequeathed property—for example, by moving into the house, collecting rent, completing the transfer of ownership, and paying the relevant fees. By piecing together these traces, it can be argued that you have “already accepted the bequest through your actions.”

Third, the other party has already acknowledged or partially performed. If the heir and the administrator of the estate have already known and approved your bequest, and even cooperated with you to handle the transfer of property, they can claim that the fact of "accepting the bequest" is not controversial.

Fourth, the form or effect of the bequest itself is defective. If the form of the will is not qualified and the witness is not qualified, the bequest will be invalid, and the sixty days will be out of the question. However, this path advocates "the invalidity of the bequest", with the result that the property is usually classified as legal inheritance, which may not be beneficial to the bequestee.

It needs to be emphasized that the above are all "individual cases", not stable relief channels. The real reliable way is always-don't miss 60 days.

6. Practical Operation List

To the beneficiary:

  • find out exactly when you "know" the legacy, and keep the evidence that can prove the time of knowing, such as the record of receiving the notice, the time of seeing the will, and the proof of attending the funeral.
  • Act as soon as possible from the date of knowledge, don't put off until the last few days, first write a signed written acceptance statement.
  • If conditions permit, obtain notarization for the acceptance of the bequest, or deliver a written declaration to the heirs and the estate administrator, and retain proof of delivery.
  • Synchronize the actual possession and management of the property, and complete the procedures as soon as possible, forming the evidence of "acceptance by behavior.
  • Where real estate, vehicles, or equity interests are involved, assert your rights promptly and, if necessary, file a lawsuit to prevent the estate from being disposed of or transferred by others.
  • Retain all records throughout the process: delivery receipts, chat logs, payment vouchers, and contact information for witnesses—don’t discard any of them.

To the testator:

  • first confirm that the gifted object is indeed outside the scope of the legal heir, otherwise it may be regarded as testamentary succession rather than bequest.
  • Set up in strict accordance with the legal form of wills: self-written wills should be written in full text, signed and marked with the date, month and date, and the scribe, print, audio and video recordings and oral wills should all meet the requirements of witness and record, and formal compliance is the "life-saving line".
  • write the property in detail: write the address, area, title certificate number of the real estate, and list the vehicle, deposit, stock right and so on item by item. don't just write "all my property" in general ".
  • The will shall explicitly stipulate that the beneficiary must, within sixty days of becoming aware of the bequest, declare their acceptance thereof, with the executor responsible for conveying this requirement.
  • designate the executor of the will, or make clear the arrangements for the administration of the estate, so as to avoid that no one is connected behind and no one is conveyed.

To the estate administrator (or executor):

  • After the inheritance starts, clean up the heritage in time, make the heritage list, and report the status of the heritage to the heirs.
  • Actively notify the beneficiary under a bequest, inform them of the sixty-day deadline, and retain written proof of such notification—this protects both the beneficiary and yourself.
  • take necessary measures to prevent the damage and loss of the heritage; deal with the creditor's rights and debts, divide the heritage according to law, cooperate with the legatee to handle the handover and sign the confirmation document.

Class Case Reference: In the case of Fan A v. Fan Yi and Fan Mouc Statutory Succession (Case 1 of 2025 Cases of Chinese Courts, Marriage, Family and Succession Disputes), although the party held a will that listed him as a legatee, the court held that he was deemed to have given up the bequest and the property involved was not obtained by him because he did not express his intention to accept the bequest within the statutory time limit. The case suggests that the bequestee must accept it in a timely and clear manner within 60 days from the date of knowledge of the bequest. Trial court: Beijing Tongzhou District People's Court of first instance, Beijing No. 3 Intermediate People's Court of second instance: not seen; Source: Knowledge Base "China Court 2025 Cases, Marriage, Family and Inheritance Disputes".

7. Frequently Asked Questions

Question: Are the sixty days counted from the date of the decedent’s death, or from the date I became aware of it? It starts from the day when the bequestee knows the bequest, and the starting calculation generally needs to satisfy both "knowing the contents of the will" and "knowing that the decedent is dead", starting from the later time of the two, not from the mechanical time of the decedent's death.

Question: Will the legal heir who is appointed to accept the property by the will also lose it because he does not declare his position?No. The same law is the opposite for heirs-if the heir does not express a waiver after the commencement of the inheritance, it is deemed to accept the inheritance, except that the waiver must be made in writing and before the estate is disposed. The only thing that will be lost by "silence" is the bequestee.

Question: Does the beneficiary under a legacy and support agreement also have to make a declaration within sixty days?There are differing practices in practice. The attorney’s practice guidelines require a formal statement; however, the more prevailing view holds that contractual rights are not automatically forfeited simply because no such statement is made. For the sake of prudence, the caregiver should still promptly assert their rights after the elderly person’s death.

Practical experience of 8. lawyers

The most deadly bequest is the sixty days. Many people mistakenly think that "the old man left the house to me, and silence means I took it". This is the easiest pit to plant. The law treats bequests differently from testamentary inheritance: the will heir does not declare that it is accepted by default, while the bequestee must expressly make an acceptance within 60 days of knowing the bequest, and the silence of the due date is directly regarded as a waiver. This deadline is even more critical than the three-year statute of limitations; once it’s missed, there’s virtually no way back, and regret won’t help you make amends.

Therefore, the key action is to “express your position as soon as possible and document it.” The manner in which the expression of acceptance is made shall be effective and evidentiary: written notice may be given to other successors and a receipt of service may be retained, a notarized statement of acceptance may be made, or it may be expressly expressed through acts such as actual possession and management of bequeathed property. In practice, it is recommended not to just say a word verbally, but to fall into writing and preserve the evidence sent and received by the other party. The starting point starts on the day "you know the bequest", not the day the heir dies, so once you know the news, you have to move and don't wait for others to inform you.

If other heirs within the family have objections to the bequest, the bequestee should rush to serve the acceptance and fix the evidence within 60 days, otherwise the time limit will be over. If it is really missed due to special circumstances, the remedy space is very small, only to see whether you can prove that you did not know about the bequest, or the other party has hindered your statement of behavior, but this kind of defense is difficult to establish. On timing, remember this: the sooner you know, the faster you should act. It’s better to commit first and then gradually negotiate the transfer details, rather than waiting until the last minute and betting that the other party won’t object. Unlike a legacy support agreement, which is based on the fact of long-term support, the sixty-day rule generally does not apply to the latter; do not confuse these two situations.