Frequently asked questions about Donation

No. A residual legacy (legs résiduel or de residuo) is a gift upon death (provided for in a will and executed upon your death) that designates a first legatee who will receive a property and will be required to pass it on to a second legatee, provided it still exists…

Yes. Under French law, the principle is that ownership of the land includes ownership of everything on and beneath it (Article 552 of the Civil Code). This means that even if you financed the construction of the house, your sister remains the owner. For the house to become your property…

Yes. The principle of revaluation of gifts is set out in Article 860 of the Civil Code. The asset is valued at the time of partition based on its condition at the time of the gift. If the asset has been sold, the notary will consider the sale price or…

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…

Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…