Frequently asked questions about Donation

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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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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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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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Can a minor receive a gift?

Yes. A minor may receive a gift, but as they are legally incapable (Article 414 of the Civil Code), a legal representative (usually a parent) must on their behalf (Articles 935 and 382 of the Civil Code).
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