Übergabevertrag

An Übergabevertrag, often translated as a handover agreement or transfer contract, is a legal document used in German-speaking countries. It is primarily employed in family law and inheritance planning, particularly in the context of transferring assets or property from one generation to another, often from parents to their children. This type of contract allows for the proactive distribution of assets during the lifetime of the transferor, thereby avoiding potential disputes or complications after their death.

The key purpose of an Übergabevertrag is to regulate the transfer of specific assets, which can include real estate, businesses, financial assets, or other valuable possessions. It clearly defines what is being transferred, to whom it is being transferred, and under what conditions. These conditions might involve the recipient providing care or support to the transferor, paying a lump sum, or assuming certain debts. The contract provides legal certainty for both parties involved, outlining their respective rights and obligations.

A significant aspect of an Übergabevertrag is its role in inheritance tax planning. By transferring assets during one's lifetime, the value of the inheritance can be reduced, potentially minimizing the tax burden for the heirs. Furthermore, it can be used to ensure that specific assets are passed on to particular heirs, thereby respecting the transferor's wishes. The contract must be notarized to be legally binding.