Succession in Germany
15-02-2023

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May I reserve for myself certain rights to the assets I pass on? May I reserve the right to recover them?

If you transfer assets to another person during your lifetime, you may reserve certain rights to such assets. Thus, in regard to real estate assets, you may reserve a right of use (beneficial interest or right of abode) of the asset transferred (house or flat) or agree to the right to ask for the real estate asset to be returned to you in certain cases. You may also ask for payment of money in a lump sum or by instalments (e.g. on a monthly basis). All rights may be entered into a Land Register and thereby be guaranteed by collateral. This also protects you should the property asset be resold by the recipient or should the recipient become insolvent.

Similar possibilities exist for people to transfer assets such as companies, shareholdings or other such assets. In such cases, you may also take appropriate measures to guarantee the assets. When asset transfers are made between living persons subject to certain rights, this makes it possible to avoid certain conflicts of interest and also to take tax repercussions into account. 

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