Subject to Return of Statutory Reserved Portion — Real Estate, Insurance Proceeds, and Title Trusts: What Can Be Recovered?

Subject to Return of Statutory Reserved Portion — Real Estate, Insurance Proceeds, and Title Trusts: What Can Be Recovered?

We summarize the scope of property that can be claimed for return of the reserved portion. We explain the criteria for including real estate, life insurance proceeds, and real estate held under another person’s name in the assets subject to return, as well as the differences between return in kind and return by value and the criteria for choosing between them. We also reflect the practical changes that shifted to the principle of return by value after the Constitutional Court’s 2024 decision.
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