Frequently asked questions about Donation

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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 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 own a small house in the countryside in addition to my apartment in the city. Can I give it to my minor grandchild?

Yes. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…
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I would like to make a donation to the child I adopted as part of a simple adoption. Can he benefit from the reduction of 100,000 euros?

No. The reduction of 100,000 euros is applicable in relations between ascendants and their children (art. 779 CGI). Article 786 of the General Tax Code specifies that, except in special cases, the relationship resulting from a simple adoption is not taken into account for the collection of transfer du-ties free…
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My uncle of French nationality lives abroad. He wants to help me finance the acquisition of my home by giving me money. Do I have to declare this operation in France ?

Yes. When the beneficiary of a donation is domiciled in France on the day of the donation or has had his tax residence in France for at least six years during the last ten years preceding the donation, all the assets he receives located in France or outside France are…
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