Donate early instead of bequeathing later

Coordinate gift and succession

The gift and the actual succession should be coordinated as part of the estate planning. For this purpose, a so-called compensation arrangement is often included in the gift contract. It determines whether and to what extent a gift reduces the later inheritance.

Furthermore, it can be agreed that the value of the gift is to be offset against the statutory compulsory portion in the event of inheritance. Or a waiver of inheritance or compulsory portion may be stipulated. Finally, rights of reclaim are also important components of the gift contract. For example, the donor can reclaim transferred assets if the donee dies before him or becomes insolvent.

Going to a notary when making a gift of real estate

As a rule, gift contracts require notarial certification. If they are not notarised, however, they can still be valid. This is the case when the gift is executed, for example by handing over the object of the gift.
However, there is an exception when it comes to bequeathing real estate: the donation of land, real estate or shares in corporations must be certified by a notary.