Frequently asked questions about Donation

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I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
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I would like to give a house to my son together with a sum of money so that he can carry out necessary work on it. I am concerned that he may not use the money as agreed. Is there a way to require him to do so?

Yes. You may make a gift before a notary that includes both the real property and the money, subject to the condition that the money is used for the work. Failure to fulfil this condition is grounds for revocation of the gift (French Civil Code, Art. 953).
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Ten years ago, I received a gift of real estate from my father. Will its value be reassessed at the time of his succession?

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…
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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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