Anticipated succession (vorweggenommene Erbfolge) serves to transfer assets to the next generation during the owner's lifetime in an orderly and tax-efficient manner, often subject to the reservation of certain usage rights.
For tax purposes, the transfer is treated like a gift, whereby agreed consideration such as a reserved usufruct or a maintenance annuity reduces the taxable value accordingly.
A careful valuation supported by an appraisal report is particularly important here in order to make optimal use of the tax-free allowances and to ensure fair treatment of any other children who may not yet have been considered.
Anticipated succession is frequently closely linked to the compulsory portion supplementary claim, since the transfer is treated as a gift and can be credited against later compulsory portion claims of disadvantaged relatives within the ten-year period.
If individual children are favored in this process, it is often advisable to agree on compensation payments to the remaining siblings in order to avoid subsequent disputes in the event of inheritance.
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