{"id":2259,"date":"2024-03-05T17:12:00","date_gmt":"2024-03-05T16:12:00","guid":{"rendered":"https:\/\/sawade.notarwebsite.de\/vorsicht-geboten-fallstricke-bei-immobilienschenkungen-an-minderjaehrige\/"},"modified":"2024-03-05T17:12:00","modified_gmt":"2024-03-05T16:12:00","slug":"vorsicht-geboten-fallstricke-bei-immobilienschenkungen-an-minderjaehrige","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/vorsicht-geboten-fallstricke-bei-immobilienschenkungen-an-minderjaehrige\/","title":{"rendered":"Caution required: Pitfalls with gifts of real estate to minors"},"content":{"rendered":"

As part of family wealth planning, parents and grandparents often decide to gift their property to minors. However, what at first glance appears to be a generous gesture can quickly turn into a legal maze.<\/strong><\/p>\n

Representation of minors: Pitfalls and challenges<\/strong><\/p>\n

\"It is a widespread tradition to pass on assets to the next generation during one's lifetime, and real estate is often a central component of this,\" says Dr. Sarah Messinger, Managing Director of the Brandenburg Chamber of Notaries. \"But when it comes to making gifts to minors, parents and grandparents need to be particularly careful. The legal pitfalls are manifold and can have long-term consequences.\" Notaries help to overcome any legal hurdles and safely pass on family assets to the next generation.<\/p>\n

When donating real estate to minors, the statutory provisions of the law governing minors must be carefully observed. In particular, the legal representatives, usually the parents, must usually represent the minor in the transfer of real estate. In this role, parents must observe certain limits. \"The legal transaction can only be carried out without the involvement of the family court if it is exclusively beneficial to the child. However, assessing this can be complex,\" explains Messinger. The assessment of whether a transaction is advantageous is not based on economic criteria, but strictly on formal criteria. The question to be asked is whether, from a legal point of view, there are only advantages for the minor or whether personal obligations arise from the property transfer. For example, when transferring a rented property, a primary school pupil can suddenly become the landlord. Overall, a complex body of case law has developed in this area which must be observed.<\/p>\n

If the parents are excluded from legal representation, the family court must appoint a supplementary guardian for the child. In some cases, parents must also obtain permission from the family court. Supplementary guardianship and family court approval are important protective mechanisms to safeguard the minor's interests, but can be time-consuming and costly.<\/p>\n

Act with foresight - keep an eye on long-term consequences<\/strong><\/p>\n

Before parents and grandparents hand over their significant assets - which are often used to provide for old age - they should also think about their own needs. Parents and grandparents will face considerable challenges and costs if they do not make provisions for a retransfer or later use as loan collateral. Once the child reaches the age of majority, parents no longer have any legal influence over the child. They should therefore consider this step carefully and weigh it up against tax considerations.<\/p>\n

Good advice is the key<\/strong><\/p>\n

Your notary plays a crucial role in this process. Notaries can not only advise on the correct course of action and subsequently assist with the drafting of the contract, but also ensure that all legal requirements are met and that the interests of both parents and grandparents and minors are protected. \"Transferring property to minors can be a sensible and effective way of family wealth planning, but it requires comprehensive notarial advice and careful planning,\" Messinger concludes.<\/p>\n

You can find further press releases from the media association on all topics related to the notary's office in the Press portal of the media association of the chambers of notaries<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

As part of family wealth planning, parents and grandparents often decide to gift their property to minors. However, what at first glance appears to be a generous gesture can quickly turn into a legal maze. Representing minors: Pitfalls and challenges \"It is a widespread tradition to pass on assets during one's lifetime to...<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2259","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2259","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2259"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2259\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2259"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2259"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2259"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}