Preparing your inheritance helps your children, grandchildren or family members while you are alive. Gifts make the future easier, in terms of taxes and from an emotional point of view. If you wish to make one or more gifts, do not hesitate to contact Guesclin Notary Office and our staff will look at the best solution for your requirements and resources.
Gifts in Rennes: a very serious act of generosity
A gift is first and foremost an act of generosity. You can give to a family member but also a cause, an association or a foundation that you support. In all cases, the gift is a serious act because, with some exceptions, it is final. Within the meaning of the law, a gift in Rennes or elsewhere is considered a “serious” act: the giver must be fully informed of the consequences of his action, ensuring that the inheritor of the property genuinely deserves and is worthy of it.
Notarial deeds of donation, a real means of protection
Theoretically, any gift in Rennes must be drawn up by a notary. Otherwise, it can be cancelled up to thirty years after the gift. The involvement of a notary ensures the donor’s family is protected; the notary explains to the donor the rules on gifts and inheritance as well as those inherent reserved shares and the reduction of excessive gifts.
Also note that the employment of a notary avoids potential conflicts, disputes or even prejudicial allocation errors. In summary, to leave a gift in Rennes in the normal way, it is best to hire the services of a notary.
Cases where the drafting of a notarial deed is compulsory
A notarial deed of donation is compulsory in certain concrete cases. Indeed, employing a notary for a gift in Rennes remains essential for:
- A property gift, whether this involves a house, an apartment, land, a plane or a boat;
- A gift to the surviving spouse or between spouses;
- A gift through a marriage contract;
- An inter-vivos gift or a transgenerational gift.
Note that there can be no notarial deed of donation without the donee’s consent. Indeed, the notary must mention the acceptance of the gift in Rennes in his deed. Sometimes, although this is less common, acceptance can be declared in a separate notarial deed. In this case, the acceptance must be brought to the attention of the donor by a court bailiff.
Leaving gifts in Rennes or elsewhere avoids the difficulties encountered with the division of estate, among other things. Do not hesitate to contact your notary; he will think through with you the best solution for your requirements and resources.La donation est avant tout un acte de générosité. On peut donner à un membre de sa famille mais aussi à une œuvre, une association ou une fondation que l’on soutient. Dans tous les cas, la donation est un acte sérieux car, sauf exception, elle est définitive.
A gift is first and foremost an act of generosity. You can give to a family member but also a cause, an association or a foundation that you support. In all cases, the gift is a serious act because, with some exceptions, it is final.
The giver must be fully informed of the consequences of his action. The law protects the interests of the family and lays down specific rules so that any gift in Rennes takes full effect (available share and reserved share etc.). Giving can also be a sign of good management of the family estate.
Inter vivos gifts and transgenerational gifts
Inter vivos gifts allow parents to settle, during their lifetime, the division of all or part of their property between their children. This gift, qualified by the French Civil Code concerning advances on inheritance (partage anticipé), has many legal advantages and in particular avoids questioning the will of the parents and the stability they decided on.
Inter vivos gifts means each child is given a monetary gift, without ever being able to question the property donated and received. Your notary will explain the considerable benefits of inter vivos gifts over simple gifts or individual gifts.
Moreover, the law now allows the transfer of grandparents’ property to grandchildren through a transgenerational inter vivos gift.