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Inheritance, Succession and How Endowments, Agreements and Trust Funds Work

Inheritance, Succession and How Endowments, Agreements and Trust Funds Work

to process a Succession It will take will. It can be placed as a file Public work: offers greater guarantees with regard to the validity of the provisions of the will, provided that the notary certifies the full capacity of the testator; Moreover, the document cannot be stolen or destroyed because it is kept with a notary public. The alternative is Three-dimensional will which, on the other hand, can be more easily stolen or destroyed, as well as attacked in terms of challenging the testator’s ability to understand and will at the time of its formulation; Moreover, it lends itself more to pathological cases where you want to dispose of your assets and there is no time to go to a notary. In the absence of a will, indicating the heirs or if they are unable or unwilling to accept the inheritance, Lawful Succession Rules It also regulates Article 565 et seq. of the Civil Code. It must be remembered that if the spouse and one or more children are mentioned among the heirs, then the latter is cumulatively entitled to the so-called “legal”, half of the assets (divided equally between them). The husband/wife is entitled to the other half provided that the testator has not indicated a specific beneficiary, even outside the family: the so-called available share, which is equal to a maximum of a quarter of the assets of the entire estate.

Once the structure of succession has been defined, particular and specific situations can be visualized, for which more appropriate tools can be visualized. To transfer company shares in the companyThe family charter can be used more advantageously. that it bypass which must be provided, under pain of nullity, by common law; In particular, the Civil Code provides that the spouse and all persons who would be legitimate if the inheritance was opened on the date of the text of the agreement, as well as the beneficiary and the beneficiary (or beneficiaries).

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For non-assignees of the company The right to obtain from the beneficiary of the company itself to pay an amount of money corresponding to the value of the lawful shares due to them is recognized, on the basis of the value attributed to the company by the family agreement, without prejudice to their right to waive the liquidation. The advantage of this option is certainly to avoid the disintegration of the company. to program a file change generations You can also prevent a sequence from opening by accessing Formula A gift While alive, a public deed, drafted by a notary, Which, in any case, must always be subject to the legitimate share envisaged for the direct heirs. For tax purposes, inheritance and donation are subject to the same legislation, which provides for a deduction of up to one million euros, which includes all assets located in a row. Inheritance taxes, exceeding the withholding amount, range from a minimum of 4% to a maximum of 8% depending on the degree of consanguinity of the heir. Other instruments can be arranged in view of generational transmission: for example, Destination constraint pursuant to art. 2645-III of the Civil Code to achieve protected interests. Only real estate and movable property registered in public records (for example cars) can be assigned to this entry. The trust It constitutes an effective and flexible protection tool, even if it involves confiscation of personal assets and higher administrative costs. Provides Transfer of assets to a third party, the trustee, He is obligated to pay the agreed fees to the heirs at the time of signing. You can go ahead with setting up a real estate company, unless a few real estate agents advise you not to. So how do you create one fixed credit, which provides for the creation of a company (spa or srl), through the signature of all concerned persons, settlor and beneficiaries, to ensure the transfer of assets and the consequent insured annual salary.

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