Real estate transfer
The online purchase
Depending on the situation, the succession of a property can be more or less complicated. In the majority of cases, the heirs are joint owners of the deceased's real estate. Many cases highlight the blockage in the subsequent management of the property. Indeed, decisions require at least the agreement of 2/3 of the heirs or even unanimity for the sale.
Donation and dismemberment of full ownership
To facilitate the transfer of real estate, the owner can anticipate these steps by making a donation shared between a bare owner and a usufructuary. By carrying out this process, the donor prepares his succession as well as possible while maintaining the free use of the property.
With the donation, the inheritance costs will also be reduced. Indeed, a deduction on donation rights between parents and children is provided for up to €100,000. In addition, the heirs will obtain ownership of the property without any special inheritance costs. To optimize the transmission, it is therefore advisable to anticipate and make donations early enough.
Investment through an SCI
Another solution to reduce inheritance costs is the purchase of real estate via a Société Civile Immobilière (SCI). The creation of an SCI implies the drafting of articles of association, thus making it possible to clarify as clearly as possible the rights of each individual. The implementation of a SCI is flexible and better suited for the transfer of a second home or rental investments.
Until his death, the donor may keep the management of these assets if the statutes have been established for this purpose. This makes it possible to gradually carry out the succession, while reducing the inheritance costs to a minimum. To best define the statutes of each party and the shares inherited by the beneficiaries, it is advisable to call upon the skills of a notary or a lawyer.
The advantages of the SCI
Reduction of costs
The gradual transfer of SCI shares reduces inheritance costs. Indeed, donations allow significant deductions from donation fees. The optimization of this transmission can be strengthened by distinguishing between bare ownership and usufruct.
A clear and precise wording of each person's statutes makes it possible to avoid as much as possible any problems related to the transmission. If he so wishes, the donor may keep the management of his property until his death if the statutes allow him to do so.
Simplification of family sharing
As a source of family conflicts, the transmission of real estate must be anticipated as soon as possible. With a "family" SCI, the articles of association are such that all the heirs are partners. Thus, the shares of each are clearly defined and equitably distributed.