Frequently asked questions about Donation

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My husband has passed away. We lived in a home that had been gifted to him by his parents. This gift included a right of reversion that his parents now wish to exercise. Do I still have a lifetime right of use and habitation over this property?

No. The surviving spouse may claim a lifetime right of use and habitation over the property that was their main residence at the time of the spouse’s death, provided it belonged to the couple or to the deceased (Article 764 of the French Civil Code). However, case law (a body…
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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 husband appointed me as legatee of the usufruct of his assets. He has had children from a previous marriage. Can I combine this legacy with my statutory right to 25% in full ownership?

No. Either the value of your legacy is lower than your statutory rights (Articles 757 and 757-1 of the Civil Code), in which case you may claim a supplement, or it exceeds them, in which case you may retain your legacy within the limits of the special disposable portion between…
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