Frequently asked questions about Donation

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Can a gift be cancelled?

No. A gift is irrevocable except for ingratitude, birth of a child, or failure to comply with conditions (Civil Code, Article 953).
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I am 70 years old, single and have no children. I am considering giving €4,000 to my adult niece. Will she have to pay gift tax?

It is possible to give your niece up to €31,865 without her having to pay any gift tax, provided that you have no descendants (children or grandchildren), that you are under 80 years of age, and that your niece is of legal age on the date of the gift (Article…
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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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My father is single, and we are 4 children. I want to buy a piece of land to give it to the latter. However, I do not wish to be in joint ownership with my brothers and sisters upon his death. I heard about the conventional return clause. What is it about

The return clause inserted in the deed of gift allows the donor to recover ownership of the donated property, either in the event that the beneficiary of the donation dies before him, or in the event of the predecease of the beneficiary and his descendants (art. 951 Civil Code). It…
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