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…

In the French Civil Code, a donation is a solemn act. Note that there is a difference between a "présent d'usage" and a "don manuel". A "présent d'usage" or "faux don manuel" is a gift made on the occasion of a specific event (birthday, anniversary, etc.). It must be proportional…

No. The operation would consist of giving each an undivided share of the property. However, the situation of joint ownership is incompatible with the donation-partage which requires that the donor distributes his property between the beneficiaries (art. 1075 C. civ. and Cass. Civ. 1e, 20 Nov. 2013, n°12-25.681).

Yes. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…

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.