Frequently asked questions about Donation

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My father is planning to give me bare ownership of an apartment he owns. The notary has estimated its fee without considering the dismemberment of ownership. Is this normal?

Yes. For the fees associated with a gift deed, the notary's fees are calculated based on the full value of the property. This applies even when the donor retains the usufruct of the property (art. A444-67 C. com.).
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My spouse passed away, and we did not have a joint will. Since he had children from a previous marriage, I receive 1/4 of his estate. Can I accept only part of his inheritance?

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…
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My uncle owns and occupies a house. He plans to give it to me. Insofar as he will continue to live there, can I benefit from a discount on the value to be declared to calculate the gift duties?

No. donation duties are calculated based on the real market value of the donated property, that is to say, on the price that could be obtained if it were put up for sale, according to the detailed and estimated declaration that you will have made (art. 761, al. 1 CGI)…
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I would like to make a donation-partage to my children with my apartment. Is it possible?

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).
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I would like to make a residual legacy. Can I be certain that my legatee will keep the property until their death?

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…
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