Make a bequest to a foundation or an association

Updated on Wednesday 28 June 2023

You have the right to leave all or part of your inheritance, to a structure of general interest which, due to you, will be able to pursue its humanitarian, social, educational, research missions, in the medium and long term.

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How to bequest? Determine the share you wish to bequest

Therefore, the share that you decide to pass on, shall be used in its entirety, after your death for a cause which is very important to you, without taxation. Here are some useful elements to keep in mind, before you make up your mind.

Read the rule sheet to know, before carrying out a donation.

To which association/foundation or endowment fund, can you bequeath all or a part of your assets?

Only an association with legal personality can receive bequests.You can mainly bequest to:

  • associations and foundations recognized as being of public utility,
  • cultural associations when their exclusive object is the exercise of faith,
  • associations whose exclusive purpose is assistance, charity, scientific or medical research,
  • approved unions of family associations,
  • associations declared for at least 3 years and having obtained the capacity to receive (works or organizations of general interest having a philanthropic, educational, scientific, social, humanitarian, sporting, family, cultural character, or contributing to the development of the artistic heritage, the defense of the natural environment or the dissemination of French culture, language and scientific knowledge),
  • associations subject to local Alsace-Moselle law.

Your bequests intended for an association can be freely accepted. The notary is required to declare the legacy to an association to the prefect of the department where the association has its head office. He ensures that the association can actually receive these bequests.

Bequests to an association recognized as being of public utility are subject to free transfer rights up to :

  • 34% up to 24,430€ ,
  • 45% beyond.

On the other hand, for an association which is not recognized as a public utility, the rate is 60%.

However, many bequests are exempt, for example, those bequests which are granted to:

  • an association recognized as being of public utility whose resources are allocated to relief works, the defense of the natural environment or the protection of animals,
  • a religious association and congregation,
  • a general interest association carrying out concrete actions in favor of media pluralism, by acquiring minority stakes, granting subsidies or even subsidized loans to press companies,
  • etc.

You can decide to bequeath to one or more organizations, while gratifying your loved ones. Your bequests to associations and/or foundations are exempt of tax.

What can you bequest an association, foundation or endowment fund?

You can bequest your entire estate, or a sum of money, assets, jewelry, artworks, buildings (house, apartment, land plot), and any other property which may belong to you. You can also bequeath certain property to relatives (family, friends ...), in the same will.