A Strategy For Avoiding Obligatory Share Claims
Estate planning for a testator holding real property located in a civil law country should include a review of the risk of an obligatory share claim being asserted by a disinherited relative. There are strategies available to reduce the risk of this type of claim being asserted in the first place, which an estate planner may choose to implement. This article discusses the nature of the obligatory share claim, the problems of using a trust in this context, and explains the advantages of transferring title in the real property to a limited liability entity (“LLE”) for the purpose of reducing the likelihood of the claim being brought.
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