Why make a gift during your lifetime?
A gift (donation) allows you to pass on part of your assets while benefiting from significant tax advantages. It is a widely used estate and family planning tool.
Tax advantages
Each parent can give each child up to €100,000 every 15 years free of French gift tax. This allowance can be combined with other specific allowances (grandchildren, spouse, etc.).
Preventing disputes
By organising the transfer during your lifetime, you can explain your choices, balance the shares and avoid disputes between heirs after your death.
The different forms of gift
Simple gift
An outright transfer of an asset or a sum of money. It is irrevocable, subject to legal exceptions.
Gift-division (donation-partage)
It allows you to divide your assets among your heirs immediately, fixing the value of the assets on the date of the gift. This is the safest form to avoid disputes when the estate is settled.
Gift with reserved usufruct
You transfer the bare ownership of an asset while keeping the usufruct (the right to use it and receive its income). On your death, the usufruct ends and the recipient becomes full owner without additional tax.
Precautions to take
- Respect the forced heirship share (réserve héréditaire): under French law you cannot disinherit your children beyond the freely disposable portion
- Value the assets correctly to avoid later challenges
- Consider the impact on your standard of living: do not give more than you can afford
- Formalise the gift in a notarial deed (mandatory for real estate)
Maître Durbec's advice
Maître Durbec advises you on the transfer strategy best suited to your family and financial situation. She works with your notary to make sure the gift meets your objectives while protecting your interests.
For any question about a gift or planning the transfer of your assets, the office is at your disposal.