Frequently asked questions about Donation

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I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
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Years ago, my mother remarried, and her husband adopted me (simple adoption). I’d like to give them both some money. I know my mother has a tax allowance. Does my stepfather benefit from one too?

No. For tax purposes, a simple adoption does not create a donation or inheritance tax allowance for the adopter (Art. 786 CGI), with few exceptions, which apply only to the adoptee. Therefore, your stepfather will pay 60% tax on the full amount (Art. 777, IV CGI).
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My spouse passed away, and we did not have a joint will. Since he had children from a previous marriage, I receive 1/4 of his estate. Can I accept only part of his inheritance?

No. The right of the surviving spouse to limit their acceptance to certain assets (known as "cantonment") is only legally possible if there is a joint will between spouses (Article 1094-3 of the Civil Code). In the absence of such a provision, you can only accept or renounce the entire…
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I am considering donating the bare ownership (nue-propriété) of a real estate property to my child while retaining the usufruct. On what basis will the notary’s fees (emoluments) be calculated?

The notary’s fees are calculated based on the full ownership value of the property, even if you retain the usufruct. This is provided for under Article A444-67 of the French Commercial Code.
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