Under what conditions is a bequest and maintenance agreement valid?

For bequest and maintenance agreements, the law does not require witnesses to prove them, so whether they are public or not does not affect the validity of the agreement.

According to Article 5 of the Inheritance Law: "After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. ”

According to Article 21 of the Inheritance Law, "where there are obligations attached to testamentary succession or bequest, the heir or legatee shall perform the obligations." Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual. ”

Requirements for the validity of a bequest and maintenance agreement:

1. The testator must have testamentary capacity;

2. The legatee must reserve the necessary share of the estate for the heirs who lack the ability to work and have no livelihood;

3. The will of the legatee meets the formal requirements prescribed by law;

4. The legatee must be a person outside the scope of the legal heirs and a person who is alive when the legatee's will takes effect;

5. The legatee must not lose the right to be bequeathed;

6. The bequeathed property must be an inheritance, and it is possible and lawful to execute the bequest upon the death of the legatee.

A bequest and maintenance agreement is an agreement between the testator and the supporter that the supporter bears the obligation of the legatee's life, maintenance, death and burial, and that the property of the legatee is transferred to the dependant after his death. A bequest and maintenance agreement is a civil legal relationship of equality, compensation and mutual rights and obligations.

Therefore, a bequest and maintenance agreement is essentially a contract, and as long as there is no circumstance that the contract is invalid, the bequest and maintenance agreement is valid.

Article 52 of the Contract Law stipulates the statutory circumstances under which a contract may be invalid.

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

About the Witnesses:

Article 17 of the Inheritance Law stipulates the circumstances under which a will requires witnesses:

A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.

A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses.

Article 18 of the Inheritance Law stipulates the circumstances under which a person cannot be a testamentary witness: an incapacitated person, a person with limited capacity; heirs, legatees; A person who has an interest in the heirs or legatees.

1. A bequest and maintenance agreement is an agreement entered into between the testator and the supporter to clarify the rights and obligations between the bequest and support.

2. The legatee is in need of support from others and is willing to bequeath all or part of his lawful property to the dependent; A person who fulfills the obligation to support the legatee and accepts the bequest is the dependent.

3. The legatee must be a citizen with full civil capacity, certain bequestable property, and need to be supported by others.

4. The dependents must be citizens or organizations other than the legal heirs of the legatee, and have full civil capacity and be able to perform the obligation of support.

5. The validity of the bequest and maintenance agreement must meet the following conditions:

1) The legatee and dependents have full capacity for civil conduct.

2) The parties' intentions are true and unanimous, the terms of the agreement are complete, and the rights and obligations are clear, specific and feasible;

3) The bequeathed property belongs to the legatee, and the property rights are clear and undisputed; The property is specific and not easily lost;

4) The legatee's creditor's rights and debts have clear handling opinions;

5) If the testator has a spouse and cohabitation, the agreement shall be signed with the husband and wife as one of the parties;

6) If the dependant has a spouse, the consent of the spouse must be obtained;

7) The guarantor's intention to agree to the guarantee and the property to be secured;

The agreement is sufficient to meet the conditions of contract law.

Basically, yes. The meaning means true.

The formal requirements are complete.

Reach an agreement. There is clear content.

The signature is genuine.

After signing the agreement, the legatee and the donee can go to the notary office for notarization.

Conditions for signing the bequest and maintenance agreement: 1. The testator and the dependents have full civil capacity; 2. The intention of the parties is true and unanimous, the terms of the agreement are complete, the rights and obligations are clear, specific and feasible; 3. The property donated by the bereaved family belongs to the legatee, and the property rights are clear and undisputed; The property is specific and not easily lost; 4) The legatee's creditor's rights and debts have clear handling opinions; Article 1158 of the Civil Code A natural person may sign a bequest and maintenance agreement with an organization or individual other than the heir.

According to the agreement, the organization or individual undertakes the obligation of the natural person to support the dead and bury, and enjoys the right to receive a bequest.

1. The bequest or guardian is an organization or individual other than the heir;

2. The bequest and dependents have not renounced the bequest;

3. The bequest and maintenance agreement does not violate the law;

4. Other conditions for the bequest and maintenance agreement to take effect.

[Legal basis].Article 124 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

Article 1158.

A natural person may enter into a bequest and maintenance agreement with an organization or individual other than the inheritor and prudent person. According to the agreement, the organization or individual undertakes the obligation of the natural person's life to support the dead and buried, and enjoys the right to receive the bequest.

The scope of signatories of the bequest and maintenance agreement includes: persons or organizations other than heirs. According to the relevant laws and regulations, a natural person may agree with an organization or individual other than the heir that the organization or individual shall bear the obligation of the natural person to support the death and burial of the natural person, and enjoy the right to receive a bequest, and accordingly enter into a bequest and maintenance agreement.

[Legal basis].Article 1122 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1158.

A natural person may enter into a bequest and maintenance agreement with an organization or individual other than the heir. According to the agreement, the organization or individual of Zaochun undertakes the obligation of the natural person's life, death and burial, and enjoys the right to receive the bequest.

Legal analysis: 1. The legatee must have testamentary capacity; 2. The legatee Hongbi shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood; 3. The will of the legatee meets the formal requirements prescribed by law;

Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory succession; if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.