Inheritance: donation and peculiar clauses

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A donation may include special clauses, in order to meet the donor's desires. A notary’s involvement is then necessary to draft a valid clause, in keeping with the donor's wishes.


Protect one’s donation with peculiar clauses

The following clauses can mainly be set out in a donation.

Joining a community or exclusion from the community clause

The joining a community clause makes it possible to bring the donated property into the community, which shall exist between the donee and his spouse (without, however, the spouse being considered as a co-donee). The major drawback of this clause is that the donee's divorce makes no impact on this donation whatsoever, nor on the common nature of the donated property.

Conversely, the exclusion community clause allows the donor to forbid the donee from bringing the donated property into the community (present or future) which shall exist between the latter and his spouse.

Conventional right of return

The conventional right of return is a mechanism which allows the donor to recover the donated property, if the donee dies before the latter.

Inalienability clause

This clause prevents the donee from selling or giving the donated property. However for this prohibition to be valid, it must be temporary and justified through a serious and legitimate interest.

Donation with liabilities

Donation with liabilities is about the donator imposing an obligation on the donee (for example paying him a life annuity or organizing his funeral…).