Frequently asked questions about Donation

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I am single and have no children. My niece wants to buy her own home and I would like to help her financially. What is the maximum amount I can give her without having to pay donation tax?

Theoretically speaking, nieces and nephews benefit from an allowance of 7967 euros on the value of donations received from their aunt or uncle (art. 779 V of the CGI). If you have no children of your own, your niece may also claim the 31865-euro allowance applicable to the donations. The…
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I plan to have a mandate for future protection drawn up by my notary. Is it true that this warrant cannot be challenged once activated?

No. The future protection mandate allows you to designate in advance one or more people to represent you, in the event that you or you are no longer able to provide for your interests alone. However, the law provides for cases of termination of the mandate (article 483 of the…
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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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I am a specific legatee of a man who died in 2018. In 2019, I requested delivery of the legacy from his widow, who did not respond. Can I still claim my legacy?

In principle, no. Case law generally limits actions for delivery of a legacy to a five-year period from the date of death (Art. 2224 Civil Code; Cass. 1st Civ., 21 June 2023, No. 21-20.396 FS-B).
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What are the dangers of a manual donation?

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…
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