What is anticipated succession?
The anticipated succession is not a legal figure, but expresses the will of the testator to take into account in the subsequent distribution the objects that he already gave for free during his lifetime (e.g. also a donation). The use of the words “by way of anticipated succession” can be understood as an order of equalization or contain the intention to be set off against the inheritance share. In using the terminology, care should be taken to make clear the intent as to the order of equalization or the crediting to the inheritance share. The use of the words of anticipated succession alone always carries risks. Our lawyers specializing in inheritance law in Frankfurt will advise you and draft the documents with you.
How can an anticipated succession be carried out in Frankfurt?
An anticipated succession is a free gift during your lifetime (e.g. a gift). There are many different forms. If the testator transfers an asset to a third party free of charge during his lifetime using the words anticipated succession, he is normally expressing that he gives with a hot hand and not with a cold hand, taking into account the provisions of the law of succession. If the testator conveys an asset free of charge during his lifetime on the condition that it is only made upon his death, the provisions of the law of succession only apply if it is made on the condition that the beneficiary of the gift survives the testator. On the other hand, it is a donation by cause of death if the gratuitous donation is in the foreground. In the case of Section 331 BGB (contract for the benefit of third parties on account of death), the third party’s subscription right only arises after the testator’s death. This is especially important in the case of life insurance contracts or the transfer of savings accounts. In this case, the assets are not included in the estate. As a rule, there is no set-off or crediting.
What are the advantages of anticipated succession?
Through anticipated succession, assets can be specifically assigned during life. However, the testator must be careful not to transfer all of his or her assets, but to limit the time of transfer to the time of death.
What are the disadvantages of anticipated succession in Frankfurt?
Anticipated succession has the disadvantage that it involves a gratuitous gift with the expectation that the recipient of the gift will receive something by offsetting it against his or her subsequent share of the estate. If the wording is vague, this can lead to considerable disputes later on.
How can family wealth be preserved through anticipated succession?
It is also possible to preserve family assets following a gift by anticipated succession, provided that the gift is linked to certain conditions and the payment or consideration has been linked in the subsequent settlement. These and other questions can be discussed at any time with our lawyers specializing in inheritance law in Frankfurt.
Why does the anticipated inheritance offer to support the donor and his family?
If assets are transferred during his or her lifetime, the testator can dispense with the obligations associated with the asset without the asset having to be liquidated and can have certain comforts promised by the beneficiary with the transfer.
How is an anticipated succession prepared?
An anticipated succession only requires the requirements of inheritance law if it is conditional upon death. In addition, it should be noted that the application of the provisions of gift law requires a notarial certification insofar as the transfer has not already been effected in full.
How is the anticipated succession applied?
The execution of anticipated succession takes place during life. It is a gift, i.e. a gratuitous donation of an asset by the testator to the recipient of the gift. If the entry of property is only to take place at the time of death, the formal requirements must be observed as a matter of urgency.
How can a lawyer specializing in inheritance law in Frankfurt support me in this?
A lawyer specializing in inheritance law has the necessary specialist knowledge and is always the right contact person when it comes to inheritance law matters.