Frequently asked questions about Donation

No. The law strictly prohibits any gifts or legacies to court-appointed guardians for protected adults, regardless of when the will was written (Article 909 paragraph 2 of the Civil Code).

No. For tax purposes, a simple adoption does not create a donation or inheritance tax allowance for the adopter (Art. 786 CGI), with few exceptions, which apply only to the adoptee. Therefore, your stepfather will pay 60% tax on the full amount (Art. 777, IV CGI).

No. The operation would consist of giving each an undivided share of the property. However, the situation of joint ownership is incompatible with the donation-partage which requires that the donor distributes his property between the beneficiaries (art. 1075 C. civ. and Cass. Civ. 1e, 20 Nov. 2013, n°12-25.681).

As a reminder: A spousal gift (donation entre époux) is a notarised deed intended to maximise the rights of the surviving spouse without disinheriting the children (Article 1094-1 of the French Civil Code). Yes. Provided there is no prohibition stated in the spousal gift and as long as a statutory…

No. Gifts are, in principle, irrevocable (Article 894 of the Civil Code). However, certain legal exceptions exist. For instance, a gift may be revoked in cases of ingratitude (Articles 953 and 955 of the Civil Code).