Given the increase in donations registered in the first quarter of the year, as a way of organizing assets and which was announced by the College of Notaries of the province of Buenos Aires, from the Bar Association of the Department of Junín highlighted the importance of the succession process as a way to provide transparency and certainty to future heirs and even creditors.
In dialogue with Democracy, Santiago Bertamonbrand new president of the institutionreferred to the process and stressed the need to seek advice from a lawyer on such issues.
Asked about the growth of donations as a way of organizing and anticipating the disposition of assets, and where successions are located, the lawyer pointed out: “The first thing to say is that succession is the correct process so that the heritage of a subject is then transmitted to the following generations.. And for something it is thought like that, it is not a coincidence”.
He also stressed that “it is the safest process, the one that gives the most certainty, both to the deceased or future deceased and to their future heirs and also to the creditors. Any alternative, in general, that is used with a deviant purpose or to reduce costs, actually ends up generating more conflicts than solutions because the donation is a legal act, precisely to specify a genuine and sincere generosity at a certain moment but not to organize the transfer of the patrimony of a deceased to his heirs”.
In detail, Bertamoni explained that “today the new Civil and Commercial Code really allows future inheritance planning, in the case of family businesses or economic units, but that can be done without violating or dispensing with the succession procedure.” And he added that “what you have to do is respect the law, respect the purpose of the law, which is that the succession process is designed for that.”
“What should not be done,” he said, “is resorting to the use of legal acts with a deviated purpose that many times some professionals advise as a way to generate more work for their own business.”
The “normal and correct” process, according to the head of the College, “is to use successions that are also not expensive, do not have a high cost and generate certainty and peace of mind for the heirs, because later conflicts are generated, when a specific person a donation and then he fights with his future heir or the heir dies first and the property is already donated”, he exemplified. He also referred to the situation in which a new heir may arise and the complications that it entails.
“Not only is it not easy, but it also generates conflicts. No one who believes they have a right is going to stop defending their own right, an heir, a creditor,” she stressed.
seek advice
“Donations of real estate are a power or responsibility of notaries, we lawyers cannot make donations because they are made by public deed and only notaries can. But the important thing is that people, before doing something, seek advice from their lawyer, ”he stressed. Bertamoni indicated that “the lawyer sees things that other professionals do not. Future conflicts that have to do with the very dynamics of life” and that although “the donation today has some greater security because, as some notary public said, it frees the title so as to be able to encumber it later for a creditor, the truth is that the heir has the right always to claim the inheritance”.
And he expanded: “If the heir feels harmed, he will raise the annulment, a simulation, some action of the succession system, but he will never stop defending himself and those shortcuts end up generating greater conflict and litigation in the future.”
“Some things can be organized and the most transparent process is succession” he stressed and reiterated the need to seek advice. “I believe that a person, faced with a certain decision, has to seek the pertinent advice from who can advise him in the best way and clearly that is the responsibility of the lawyers who not only know or are responsible for carrying out the succession procedures, but we can also evaluate everything. what surrounds the transmission of the future inheritance and always for the people it is better and cheaper to avoid litigation”.
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