Frequently asked questions about Donation

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No. The law strictly prohibits any gifts or legacies to court-appointed guardians for protected adults, regardless of when the will was written (Article 909 paragraph 2 of the Civil Code).

No. Acceptance of an unencumbered gift is considered an act of administration and therefore does not require the agreement of both parents.

No. This is a contractual clause and not a legal obligation. It allows the donor to recover the property if the beneficiary dies first (Article 951 of the Civil Code). Including it is optional.

No. Article 1094-1 of the French Civil Code states in its 1st paragraph that "In the event that a spouse leaves children or descendants, whether or not from the marriage, he or she may dispose in favor of the other spouse either of the property he or she could dispose…

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).

Frequently asked questions about Donation

A question ? Need help ?

I am a legal guardian for an adult under protection. Can I be a beneficiary of their will?

I would like to give a sum of money to my underage daughter. Do I need her father's consent?

I’m planning to give a property to my son. The notary has included a "right of return" clause. Is it mandatory?

My father and mother-in-law made a last living gift to each other. When my father died, she chose the option ¼ in full ownership, ¾ in usufruct. As my hereditary reserve is subject to this usufruct, can I bring an action for reduction?

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?