{"id":6837,"date":"2025-11-25T13:08:17","date_gmt":"2025-11-25T12:08:17","guid":{"rendered":"https:\/\/rodriguezturabogados.com\/librarium\/gifting-during-your-lifetime-or-inheriting-which-is-better\/"},"modified":"2026-02-19T17:15:43","modified_gmt":"2026-02-19T16:15:43","slug":"gifting-during-your-lifetime-or-inheriting-which-is-better","status":"publish","type":"post","link":"https:\/\/rodriguezturabogados.com\/en\/librarium\/gifting-during-your-lifetime-or-inheriting-which-is-better\/","title":{"rendered":"Gifting during your lifetime or inheriting: which is better?"},"content":{"rendered":"\t\t
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What \u201cinheriting while alive\u201d really means and why it causes so much confusion\u200b<\/h2>

The expression \u201cinheriting while alive\u201d is often used in family conversations, but <\/span>it does not exist as a legal concept<\/b>. In law, an inheritance can only be opened once a person has passed away; until that moment, their estate belongs exclusively to them, and there can be no heirs.<\/span><\/p>

\u00a0<\/span><\/p>

However, many people use this term to refer to the transfer of assets to children or relatives while the owner is still alive. This early transfer has its own name and carries legal and tax implications that should be understood to avoid mistakes that can be costly or cause future conflicts among heirs.<\/span><\/p>

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In practice, \u201cinheriting while alive\u201d almost always means making a <\/span>gift (donation)<\/b> or, in certain autonomous communities, a <\/span>succession agreement (inheritance pact)<\/b>. Correctly identifying the legal figure is essential, because they work differently and have distinct impacts on the legal share, taxation, and control over assets.<\/span><\/p>

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The incorrect term: why \u201cinheriting while alive\u201d does not exist<\/span><\/h2>
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Inheritance is defined as a <\/span>mortis causa<\/b> transfer \u2014 that is, it only occurs after death. Therefore, any transfer of assets before the moment of death is not an inheritance, but an <\/span>inter vivos<\/b> transfer.<\/span><\/p>

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Legally speaking, if a person wishes to give a property, a sum of money, or any other asset to a child while still alive, they are carrying out a <\/span>donation<\/b>. This donation is a legal act with immediate effects: from the moment it is signed before a notary, the asset becomes the property of the donee.<\/span><\/p>

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This distinction is important for two reasons:<\/span><\/p>

  1. The donation will later be taken into account when calculating the legal share (leg\u00edtima).<\/b><\/li>
  2. The taxation of a donation and an inheritance differ<\/b>, and in many cases, the donation is more burdensome.<\/span><\/li><\/ol>

    Therefore, using the correct legal term from the beginning is essential to understand what it really means to transfer an asset during one\u2019s lifetime.<\/span><\/p>

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    The legal term for transferring assets before death<\/span><\/h2>
    \u00a0<\/div>

    When someone decides to transfer an asset while alive, what is formally executed is a <\/span>lifetime donation<\/b>, which can take various forms depending on the family circumstances and the type of property involved.<\/span><\/p>

    The donation:<\/span><\/p>