Facts
In this case, the applicant has inherited several properties from her mother. During the estate distribution, the heirs mutually agreed on a right to participate in the profits in the event of a sale of the properties, for a period of 25 years. The question is whether these participation rights should be deducted from the market value of the properties that do not serve as a residence within the meaning of Art. 17 para. 4 SBO, when calculating the net assets within the meaning of Art. 3c para. 1 let. c SBA.Considerations
The Federal Court considers that the rights of participation in the profits, although purely obligatory, should not be deducted from the market value of the properties when calculating the net assets. Indeed, the applicant has free disposal of these properties (sale, establishment of a mortgage) and their value must therefore be taken into account in full, regardless of the future obligations towards the co-heirs. Only the actual realization of these participation rights, in the event of a sale of the properties, could lead to a new calculation of the supplementary benefits.
Furthermore, contrary to the situation where a person has given a property as collateral for the debts of a third party, here the realization of the…