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DONATION

We all know that donation is, in essence, a gift. With this contract we can give away a good or a right without asking anything in return and, given the importance of the consequences of the law, also ask for the intervention of two witnesses to assist the deed.

In practice, it is the typical mean by which we proceed to arrange for our own goods in anticipation of the future, so to speak, succession.

This choice, however, is not always the best as it brings with it a certain instability in the purchase, purchase that tomorrow could be challenged if any of the heirs (typically the spouse, children and in their absence parents also) take legal action considering that the donation has been misappropriated to their reserve quota.

For these reasons, it becomes difficult (though certainly not impossible) to sell an asset that has been in past the subject of donation.

There are of course a number of variables that are difficult to account in a few lines. What is certain is that you cannot set aside this contract without having carefully assessed the practical situation.

For this reason we advise you to explore with us the adequacy of the contract that you want to put in place, as well as any alternatives to get to better accommodate your interests (family or not) throughout safety. Among the various alternatives, in fact, you cannot forget the family pact (if in fact you want to adjust the future succession of an enterprise but not only), or even the Target store, but in some special cases, also the trust.

Donation can also be a useful tool to regularize situations already occurred, as a transfer of money into the family that has not been crystallized into an act (including tax) adjust, especially when you consider that donation receives a particularly favorable tax treatment within the family.
We would be glad to measure the best tool for you: a conscious decision today will ensure the peace of mind for the future.