ESTATE PLANNING AND WEALTH TRANSFERS

Gift of real estate with reserved usufruct

Property owners wishing to allocate real estate to beneficiaries during their lifetime. We assess the transfer of bare ownership while retaining usufruct rights.

What this solution aims to address

Succession may create uncertainty over who can use property or receive rental income.

What problem does this solve?

Succession may create uncertainty over who can use property or receive rental income.

Legal planning replaces improvised decisions with solutions suited to the assets, the people involved and their objectives. The appropriate structure depends on the specific facts, not merely on its name.

How Moreno Advocacia can help

Property owners wishing to allocate real estate to beneficiaries during their lifetime. We assess the transfer of bare ownership while retaining usufruct rights.

We examine family circumstances, available documentation, applicable taxes and implementation feasibility. Where appropriate, we coordinate this solution with other estate-planning instruments.

What we examine before recommending

Ownership; marital share; protected heirs’ rights; ITCMD; registration and property maintenance.

Instruments that may form part of the project

Deed of gift and registration with conditions appropriate to the case.

Important legal considerations

Gifts may incur ITCMD and require formal registration; usufruct has defined legal effects. Implementation must comply with current law and the specific tax and registration requirements of each transaction.

Would you like to evaluate Gift of real estate with reserved usufruct for your circumstances?

Understand the possibilities, costs and legal implications before deciding.

Talk to our team