Notaries –
Gifts/Transfers

Gift agreements, anticipated succession, and business succession

There is often a need to transfer assets to the next generation while the owner is still alive. In addition to business succession, the transfer of real estate to spouses or children is also very important in this context. If the transfer takes the form of a gift with a view to future succession, this is referred to as anticipated succession.

Legally complex transfers of real estate, inheritance and business shares, as well as future gifts, require notarization, as do waivers of inheritance and compulsory portions. We notaries are your expert assistants in this regard. However, the sometimes considerable tax savings opportunities should not obscure the fact that a transfer only makes sense if the transferor and transferee are "ready" for the transfer of assets and trust each other as much as possible.

When deciding whether a gift should be made by lifetime transfer or by last will and testament, the respective advantages and disadvantages must be carefully weighed up. One argument against a lifetime transfer is that the transferor is deprived of the object. According to the law, reclaiming the object is only possible to a limited extent, but can be agreed upon in the transfer agreement under certain conditions. On the other hand, a lifetime transfer also offers considerable advantages.

Examples include:

The transfer of real estate from parents to children can make it easier for them to establish their own household or professional existence.
The seller's financial support can be secured within the framework of the transfer agreement.
The compulsory portion claims of the acquirer and third parties can be limited under certain conditions.
Gift and inheritance tax allowances can be utilized multiple times by spreading the taxable transactions over time.

The motives that ultimately lead to a property transfer are as varied as the resulting contractual options. Depending on the motivation, the contract may provide for, for example, compensation payments to the transferor, granting of rights of residence, care obligations, etc. There are no limits to the imagination here. Of course, the tax implications must be reviewed on a case-by-case basis.

We will work with you to draw up a contract that meets your needs and discuss the implications in detail.