Cases in which the donation in life of a property is an advance of the inheritance cases in which the donation in life of a property is an advance of inheritance

The decision between donating in life or leaving in inheritance deserves the greatest care, especially when it comes to a home.Testament tax advantages usually exceed donations, but it is not always the case, since numerous factors come into play.But at the time of the death of the first hold.

First, it is crucial to understand that life in life are considered as advances of inheritance at the time of the testator's death.This means that the value of this donation will be considered as part corresponding to the interested heir, so the amount delivered at the time of transmission will be reduced.

So that the donation in life is not part of the inheritance, the holder must record at the time of performing it that is not collationable, that is, it will not be part of the collation of the goods, which is how the known is knownEvaluation and distribution of inheritance.If it was not done at the time, there is always the option to specify it in the will.In this way, the relevant documents can be consulted so that the distribution of the inheritance does not take into account those donations.

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— igtylerz Wed Apr 11 01:47:44 +0000 2012

However, there are some cases in which the non -collationable state of donation in life is canceled.In a judgment of the Supreme Court it is specified that the dispensation of the collation of the donation can be revoked if it is not specified in the definitive version of the will.This means that it will not be taken into account if there are previous versions that include the donation of the property as non -collationable if this specification does not appear in the final testament.

The other way in which this dispensation of the collation can be canceled is whether it is considered harmless to negatively affect the legitimate one, that is, the third of the assets of the will that correspond to the forced heirs.In the calculation to calculate the value of the hereditary mass, it is taken into account, not only what it leaves in the will, but also all the donations in life that the testator has done, whether to one of the forced heirs or third parties.

If the assets in the inheritance do not reach that third necessary for the legitimate one, it is considered that donations in life are harmless, so they will be taken into account as advances of the inheritance and the part corresponding to the donors will be reduced in the same proportion.Keep in mind that the value of the calculated good is the one that has at the time of computation, not when it was bought or when it was transmitted.