Anticipating Succession: How to Legitimately Receive an Inheritance Advance

Anticipating succession can be achieved through various means, one being donations made while still alive. Donations, whether of immovable property or money, are considered an advance on the inheritance, reducing the total estate value.

However, if the donor has close relatives, the donated assets will still be part of the legal share reserved for them – the “legitimate heirs.” To avoid potential conflicts, proper calculations are essential to ensure the legitimate shares remain untouched.

Another way to anticipate succession is by making donations with reserved usufruct, where the donor retains the right to use the property for life while granting the bare ownership to the beneficiary. This method is commonly used between elderly parents and adult children to ensure the parents’ use and the children’s future inheritance.

Donations of money can also be made before death, either through bank transfers or cash delivery. Careful financial planning is necessary to avoid affecting the legitimate heirs’ shares.

Life insurance policies can also play a role in succession planning. By designating beneficiaries in the policy, the insured can predetermine the capital or annuity to be given to them upon their death. These payouts are excluded from the inheritance pool, giving beneficiaries direct rights to receive the amounts.

To successfully anticipate succession, understanding the legal aspects and choosing the appropriate method is crucial. Whether through donations or life insurance, careful planning can help ensure a smooth transition of assets while minimizing the risk of disputes among heirs.

VGS is a law firm specialised in inheritance and succession. For any info email to info@vgslawyers.com