Can a property be passed on to two successive beneficiaries?

Verified 27 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, you can pass a property or real estate to two successive beneficiaries. The transfer of the property may be made by donation or bequest. You must designate the 2 beneficiaries of the property in the deed of gift or will. On the death of 1^er beneficiary, the goods are transferred to the 2^nd beneficiary. Transmission may be gradual or residual.

In the case of a donation or a legacy gradual, the deed of gift or will requires the 1^er the beneficiary to keep the goods transferred. At the time of his death, he transmits the goods to a 2^nd beneficiary whom you have previously designated in the act.

Example :

To keep jewelry in the family, a mother bequeathes it to her daughter. The child will have to keep them and give them to her own children.

In the case of a donation or a legacy residual, the deed of gift or the will does not impose on the 1^er the beneficiary to retain the goods.

He just has to pass on what's left to a 2^nd beneficiary whom you have previously designated in the act.

Example :

To secure accommodation for his son with a disability, a father gives him an apartment. The father designates his granddaughter as the second beneficiary. The disabled son can no longer maintain the apartment and decides to sell it. When she dies, the granddaughter won't get the donation from the apartment.

Beneficiaries of a gift or a gradual or residual legacy are not necessarily related with the donor or testator.

You can forward any type of propertys (real estate, furniture, securities portfolio, etc.).

Each property donated or bequeathed must be identified.

If you want to make a gradual or residual legacy, you must indicate it in your will.

If you want to make a gradual or residual donation, you need to call on a notary.

Who shall I contact

Notary

FYI

Transfer duties due by the second beneficiary depend on his or her relationship with the deceased. The duties paid at the time of the first transmission shall be taken into account in calculating the amount due.