Sometimes people wish to distribute their assets before they pass away in order to avoid family conflicts and to have more control over their estate. One way to do this is through living gifts, where ownership of assets is transferred to the beneficiaries while the donor is still alive.
At Martínez Lafuente Abogados, we provide you with all the necessary advice on how to make donations during your lifetime and avoid future inheritance problems.
A living donation is a legal act in which a person, called the donor, transfers ownership of his or her property to another person, called the donee, free of charge and without waiting for death. This type of donation allows the heirs to enjoy the assets and property before the death of the donor, and can even help the donee in times of economic hardship.
One of the advantages of making gifts during your lifetime is that they can be made at any time. You can donate everything you currently own, bearing in mind that you must respect the distribution established by the legitimate, which is the part of the inheritance that corresponds to the forced heirs according to the Civil Code. The legítima is distributed following an order of hereditary hierarchy that includes descendants, ascendants, spouse and siblings, among other relatives.
It is important to note that you cannot donate future assets, i.e., those that you do not yet own at the time of the donation.
One way to avoid conflicts in living gifts is to establish a usufruct reservation. This means that the donor reserves the right to use and enjoy the donated property while he is alive. For example, a father may donate a house to his son, but continue to live in it until his death.
The reservation of usufruct allows the donor to continue to use and enjoy the donated assets, ensuring that he will not be deprived of his right of use and disposition. It is important that this reserve of usufruct is clearly and precisely established in the deed of donation, in order to be legally valid.
Donations during life are subject to Gift Tax, which varies according to each autonomous community. In addition to the Gift Tax, both the donor and the donee may be subject to other taxes, such as the Tax on the Increase in Value of Urban Land or the Income Tax.
Making gifts during your lifetime can be a complex process that requires specialized legal advice. At Martínez Lafuente Abogados, we have a team of expert inheritance and gift lawyers who can provide you with the necessary guidance to make living gifts safely and avoid inheritance conflicts.
Don't wait any longer! Contact us and find out how to make secure living donations and avoid future inheritance problems.
Why choose us?
In Martínez Lafuente Abogados we offer legal advice, agile and personalized, so that your inheritance is processed in a satisfactory way. Tell us your case and we will attend you quickly.
+34 91 576 92 09
+34 646 69 00 32
info@martinezlafuenteabogados.com
C/ Núñez de Balboa 71 Duplicado, 1º C
C.P. 28001, Madrid.
