Our client has 3 sons. She inherited farms and livestock when her husband died. When she passes away one day, these farms and livestock will be inherited by her sons, but the sons has already received this portion of their inheritance, being the farms and
Important:
This answer is based on tax law for the year ending 28 February 2020.
Answer:
You need to obtain more information, or confirm some of the facts, before you can assist your client here. This may well not be a request that requires tax related guidance.
You state that the “farms and livestock will be inherited by her sons”. This can mean that the intention is that the individual will bequeath the property, in her last will and testament, to the sons. It is also possible that the first-dying spouse created a fideicommissum (plural: fideicommissa). While the fiduciary holds the asset the fideicommissary merely has a spes that he or she will outlive the fiduciary and take ultimate ownership of the asset. It is also possible that the spouse is a fiduciary, but it is unlikely on the facts, but you will only know when you confirm the facts.
The statement, that the “sons … already received this portion of their inheritance” contradicts the previous one. You need to determine if there was an actual disposal of the property to the sons – and this may well be by way of a donation. You indicated that the property was already transferred. The causa for the transfer will appear form the agreement.
The agreements between the relevant parties will dictate what happened here. This is specifically relevant here as the two contracting parties seem to disagree on the nature of the amounts paid. The contract will be informed by the nature of the interest of the surviving spouse in the property.