Transfer property to son, contractually exclude daughter

  • Erstellt am 2014-02-11 07:27:25

toxicmolotof

2014-02-11 14:33:53
  • #1
The compulsory portion is moreover 50% of her inheritance share.

In the best case, therefore, 50% of 50%. So only 25%.

Consult a specialist lawyer for inheritance law and/or a notary.
 

elaxel84

2014-02-12 08:40:17
  • #2
A general question for understanding before I consult a specialist again.

Does the "Pflichtanteil" only apply in inheritance, as when someone dies, or also during their lifetime?
 

Der Da

2014-02-12 09:34:39
  • #3
I don’t know, but it sounds illogical. As long as I live, I can spend my assets as long as I want. If my children had a compulsory share, they could potentially forbid me from spending my money.

But as I said, a specialist lawyer can answer that for you. Possibly also on [Frag einen Anwalt] websites... you often get an answer for a small fee.
 

ypg

2014-02-12 09:55:44
  • #4
I believe that the compulsory portion also applies in the case of a gift made during one's lifetime. But that is just a layman's opinion!!!! But honestly: Why should you be entitled to a valuable property now, but not your sister? She also has rights. That's why these laws exist, so that no one is taken advantage of.
 

Wastl

2014-02-12 11:30:38
  • #5


I have a layman's opinion too: a gift is not generally considered part of the compulsory portion. Only when the parents (or one parent) dies. Then gifts from the last xx (I think 10) years are included in the estate. During the lifetime, there is no entitlement to the parents' assets -> Otherwise poor Bobbele would have become insolvent pretty quickly.
 

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