What is a bequest and maintenance agreement and what is the effect of a bequest and maintenance agre

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 testator 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.

If the deceased has entered into a bequest and maintenance agreement with another person before his death, and at the same time has made a will, after the inheritance begins, if the bequest and maintenance agreement conflicts with the will, it shall be handled in accordance with the agreement, and the will that conflicts with the agreement shall be invalid in whole or in part.

Once a bequest and maintenance agreement is signed, both parties must carefully abide by the provisions of the agreement. The dependents may take possession and use of the property specified in the agreement during their lifetime, but cannot dispose of it. If the bequeathed property is lost as a result, the dependant has the right to request the dissolution of the bequest and maintenance agreement and to claim reimbursement of the maintenance expenses that have been expended.

The dependant must conscientiously fulfill the obligation to support. If the dependant does not fulfill the obligation to support or uses illegal means to obtain the property of the dependent, the people's court may deprive the dependant of the right to receive a bequest at the request of the dependent's relatives or relevant units.

A bequest and maintenance agreement is a bequest agreement for the purpose of maintenance, and the bequest and maintenance agreement is valid.

Legal basis: Inheritance Law of the People's Republic of China

Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate an executor.

A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.

Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.

Article 5 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.

Legal Analysis: The legal effect of a bequest and maintenance agreement is higher than that of statutory succession and testamentary succession. After entering into a bequest and maintenance agreement, both parties must comply with the provisions of the agreement.

The execution period of the bequest and maintenance agreement is generally longer. After the bequest and maintenance agreement is signed, the relationship of rights and obligations between the legatee and his children, or between the supporter and his parents, is not dissolved as a result.

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 statutory succession; If there is a first 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.

1. Whether it has legal effect.

A bequest and maintenance agreement does not need to be notarized to be legally effective.

Bequest Maintenance Agreement Interpretation.

A bequest and maintenance agreement refers to an agreement between a dependent (citizen) and a dependant on the dependent's assumption of the dependent's obligation to live, support, die and bury, and the dependent's bequest of all his property to the dependent. There are two types of bequest and maintenance agreements: one is a bequest and maintenance agreement signed between a citizen and a citizen, and the other is a bequest and maintenance agreement signed between a citizen and a collective economic organization.

A bequest and maintenance agreement refers to an agreement between a legatee and a dependant to clarify the rights and obligations of bequest and maintenance between them.

Features of a bequest maintenance agreement.

1. There are generally restrictions on the subject of a bequest and maintenance agreement. The legatee can only be a citizen, and the dependant can be a citizen (must be a person other than the legal heir) or a collective ownership organization, and must have the ability and conditions to support him, and the supporter has no statutory maintenance obligations.

2. A bequest and maintenance agreement is an act of agreement.

3. The two parties to the bequest and maintenance agreement have mutual rights and obligations. The guardian has the obligation to support the death and burial of the legatee, and has the right to accept the property bequeathed by the legatee; The legatee has the right to receive maintenance and has the obligation to bequeath his estate to the dependent.

4. The bequest and maintenance agreement must be in written form, not oral form, so as to clarify the rights and obligations of both parties and facilitate the performance of the agreement.

Therefore, the bequest and maintenance agreement has legal effect.

2. Issues that should be paid attention to in handling the notarization of the bequest and maintenance agreement:

1. The guardian shall be a citizen or collective cultivation organization other than the legal heir of the legatee.

2. The intention of the parties should be true, the terms of the agreement should be complete, and the rights and obligations of both parties should be clear.

3. Whether the property disposed of by the legatee is owned by the individual and whether there are debts.

4. If the guardian is married or has adult children living with him, he or she shall seek the opinions of his spouse and adult children, and shall sign an agreement with the legatee with his or her spouse as one party.

5. If the agreement establishes a guarantee clause, the guarantor's intention must be true, and the guarantor's property information should also be provided.

Many people believe that the inheritance can only be the two ways of testamentary inheritance and statutory inheritance, and the bequest and maintenance agreement has no legal effect, so whether the bequest and maintenance agreement has legal effect, in fact, the answer is very simple, the bequest and maintenance agreement also has legal effect, it can be said that as long as both parties to the agreement have fulfilled the relevant obligations on the agreement, then the agreement does not have any obstructive reasons, then the agreement can be determined to have legal effect.

Legal Analysis: A bequest and maintenance agreement is an agreement on inheritance. Bequest and maintenance agreements have higher effect than statutory and testamentary succession. The law also determines the validity of bequest and maintenance agreements in order to fully respect the autonomy of the testator.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, the leakage shall be handled in accordance with the statutory inheritance; 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.

In the inheritance of property, if various inheritance methods coexist, the bequest should be executed first, followed by the will and bequest, and finally the legal inheritance.