Frequently asked questions about Donation

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Passing on a house to your children: by succession or donation?

Quel est le plus avantageux fiscalement : la succession ou la donation ? Comment choisir le notaire pour effectuer cette transmission. Me Barbara Thomas-David, notaire, vous répond sur BFM Business dans l'émission "Le Club du Droit / Passez-moi le notaire".
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My father is under a notarized future protection mandate. I am the agent. He intended to make a donation but could not do so before this measure was implemented. Is it still possible ?

Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
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I am an adult under a general guardianship order and I would like to make a cash gift to my daughter. Can I do so without the judge’s authorisation?

No. When a person is unable to manage their own affairs, the guardianship judge may authorise one or more persons to represent them, assist them, or carry out one or more acts on their behalf. Pursuant to Article 494-6 of the French Civil Code, in the case of a general…
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I gave an apartment to my daughter, who has three children. If she dies before me, the notary tells me it's possible to get it back. Is this true?

Yes. Everything depends on how you draft your deed of gift. If nothing has been stipulated, as the gift is irrevocable, the law does not allow you to recover your property. On the other hand, if a "conventional return clause" has been provided for in the event of the predecease…
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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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