Frequently asked questions about Donation

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I am considering donating the bare ownership (nue-propriété) of a real estate property to my child while retaining the usufruct. On what basis will the notary’s fees (emoluments) be calculated?

The notary’s fees are calculated based on the full ownership value of the property, even if you retain the usufruct. This is provided for under Article A444-67 of the French Commercial Code.
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Years ago, my mother remarried, and her husband adopted me (simple adoption). I’d like to give them both some money. I know my mother has a tax allowance. Does my stepfather benefit from one too?

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).
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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 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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