The serious and legitimate interest is
based on the specific circumstances of each situation. It may, in particular
arise from the necessity of:
-
a vulnerable beneficiary , whose personal or
situation justifies increased protection measures.
- To
the basic needs of a dependent ,
order to guarantee that the transferred asset effectively serves to support them.
- To
a family heritage , by preventing an asset from being dissipated or
quickly.
-
temporarily protect an asset from financial difficulties
the beneficiary might encounter, particularly in the event of indebtedness or imminent
from creditors.
The court, however, retains
discretionary power to determine whether the justification invoked is
and in accordance with the spirit of the law.