Succession agreement or gift mortis causa: which to choose in Catalonia
When it comes to succession planning, a will is not always enough. In many cases — especially where there is family wealth, a business or special circumstances — it is worth knowing more precise tools, such as the succession agreement (pacte successori) or the gift mortis causa. Although both are arranged during your lifetime, they work in very different ways, and choosing the right one can make the difference between a smooth succession and family conflict.
A succession agreement is a binding agreement between the person passing on their assets and those who will receive them. From the moment it is signed, its terms are fixed and cannot be changed unilaterally. This provides maximum legal certainty, prevents future arguments and ensures that the assets will be distributed exactly as agreed. It is particularly useful in Catalonia, whose civil law regulates these agreements, and it is essential for family businesses or complex estates, where every decision counts.
A gift mortis causa, on the other hand, lets you plan the transfer of assets to take effect after your death, while you keep control of them for the rest of your life. This means you can change or revoke the gift if your personal or family circumstances change. It is a flexible tool that combines foresight, control and tax efficiency, ideal for those who want to secure their succession without giving up their freedom to decide during their lifetime.
Knowing the differences between them is key. A succession agreement offers security and stability; a gift mortis causa offers flexibility and personal control. Both require specialist advice, because poor planning can cause legal or tax problems and undermine the family’s peace of mind.
In short, if you want to protect your assets and make sure they pass on according to your wishes, a lawyer specialising in inheritance and succession law in Catalonia can help you choose the most suitable option: a succession agreement, a gift mortis causa or a combination of both. Planning ahead is not just about organising assets; it is about looking after the future of those who matter most.
