You wish to make a donation: advice and role of the notary

Are you considering a donation? Know that a donation is not an act to be taken lightly. A notary can provide you with sound advice. Discover the ins and outs of the donation and the role of the notary within the framework of this procedure.

What is a donation?

A donation is a contract in which a donor bequeaths, during his lifetime, property for the benefit of a beneficiary. This beneficiary, called donee, is a person chosen by the donor. It can be a spouse, child, grandchildren or any other person. By signing a donation, the donor immediately and irrevocably relinquishes the property in question (with some exceptions). This property can be movable or immovable property.

Who can make a donation and who can be a donee?

As part of a donation, certain conditions must be met:

the donor must be over 16 years old, of sound mind and have the legal capacity to dispose of the property concerned; the donee only has to accept the gift.

It is important to note that the gift right of a donor with one or more heirs is limited. He cannot donate all of his property.

Forms of donation and their limits

There are two forms of donations: the manual donation and the donation in the presence of a notary. In the context of a manual donation, there is no particular formality to be observed. The donor returns the property to the recipient. The property cannot be real estate. The manual gift may concern movable property or a sum of money. It is not mandatory to declare a manual donation to the administration if the amount of the donation is below the thresholds set:

– €100,000 if the donee is a child, father or mother; – €31,865 if the donee is a grandchild; – €5,310 if the donee is a great-grandchild.

Note : these thresholds are applicable for an annual donation made once or several times every 15 years.

But, in any case, it is strongly recommended to call on a notary to anticipate any possible conflicts with the heirs. Indeed, the absence of formalism involves risks.

Donations in the presence of a notary make it possible to obtain irrefutable proof of the donation. During this type of donation, the notary draws up a notarial deed to formalize the donation. The notary office in Montpellier, MTP Notaires can assist you in making a Montpellier donation.

How does a donation work?

As we have seen, a manual donation does not require any particular procedure. On the other hand, in certain cases (donation of real estate, donation to the last living, etc.), it is essential to make a donation to a notary. In all cases, it is recommended to use the services of a notary to avoid any disputes or distribution errors. This one will write the original deed of gift. Once this document has been prepared, the donee must accept the deed. Finally, this act will be notified to the donor. It is only when all of these steps are completed that the donation takes effect. If the donation concerns real estate, the notary will publish the donation to the mortgage registry for information purposes.

Who pays the fees for a donation?

The donee must pay the gift tax. Depending on the relationship with the donor, a possible reduction on the value of the goods received may be deducted. Also, an exemption can be granted in certain cases. The notary fees are in principle paid by the beneficiary, but it is possible to decide that it is the donor who supports them.

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