Gift and Transfer
Consider whether it could be helpful to establish a gift contract, especially if it concerns a valuable gift. An experienced lawyer can assist you in clearly and legally documenting your intentions and agreements.
Gift
Give with clarity and security. Gifts immediately fulfilled (such as the immediate transfer of the gifted item) do not require formalities. This means that the gift-giving party can verbally or in writing declare that the item is to be given as a gift to another person. The condition for this is the immediate transfer of the gifted item.
For a gift without immediate transfer, a gift contract in the form of a notarial deed must be drawn up to make it valid.
For property or land gifts, a gift contract with notarial certification and a declaration of transfer are necessary for the gifted party to have their ownership rights registered in the land register.
We would be happy to create your gift contract!
Transfer
When you want to transfer something, it is different from a gift as it involves an exchange with consideration – for example, by assuring the transferee of further support, granting a right to enjoy the fruits of a property, or giving a right of residence. As there are many possibilities, it is particularly important to seek the support of an expert to consider all aspects of the transfer, including timing, the structure of the consideration, and arrangements regarding pensions and taxes.
Let us assist you in finding the best solution for your needs.
We are looking forward to supporting you in your considerations regarding a gift or transfer. Our experienced notaries take the time to understand your wishes and explain what is possible. Afterward, we will work together to create a gift or transfer agreement tailored to your specific needs.
Donation upon death
In a “donation upon death,” the giving party promises in a notarial act to transfer a property or a maximum of ¾ of their estate as a gift to the receiving party in the event of their death, and the receiving party accepts the gift. The effect of the donation only occurs upon the death of the giving party. Unlike with a will, the giving party cannot unilaterally change their mind in this case.
We look forward to assisting you in your consideration of a gift or transfer. Our experienced notaries will take the time to understand your wishes and explain what is possible. Then, we will jointly create a donation or transfer agreement that is tailored to your needs.
Gift Reporting Law
There are reporting obligations for securities, cash, company shares, and property to ensure that gifts can be tracked and prevent circumventions. Gifts between relatives up to the fourth degree or in-laws up to the second degree must be reported if they are worth more than 50,000 euros per year. Gifts between other persons must be reported if they exceed a value of 15,000 euros in the last five years.
Let’s discuss your considerations and questions together!