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REAL ESTATE, NEXUS GROUP, INFORMA

WILLING OR LIVING DONATION?

What is a living donation and how is it done?

An Alternative to testamentary succession is contractual succession, in which the owner of the assets and one, some or all of his successors enter into a contract by which the succession is ordered over all or some of the assets of the inheritance. The succession agreement may have present effect, that is, transferring assets to the successors during the life of the owner or post-mortem, that is, the transfer of assets being deferred upon the death of the deceased.

Succession agreements, including mortis causa donations, are different from inter vivos donations, which necessarily imply transmission during the life of the holder. The Civil Code only admits inter vivos donations and although through complex agreements some effects similar to mortis causa donations or inheritance agreements can be achieved, the prohibition of these complicates it in an extraordinary way.

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