Transfer of property by gift
Pass on your assets altruistically and thoughtfully. We guide you through :
- Legal Advice: Assessment of the impact of the gift and advice on how to ensure an advantageous transfer.
- Drawing Up Deeds of Gift: precise, legal documentation of the transfer of your assets.
- Formalities and Registration: Managing the administrative procedures for a donation in due form.
Examples:
- Donation of real estate to a child or relative.
- Transfer a sum of money to support a cause close to your heart.
Frequently Asked Questions:
In principle, a donation is irrevocable. However, it can be revoked in certain specific cases provided for by law, or if the conditions invoked in the deed are not respected.
An inter vivos gift is a transfer of property made immediately and irrevocably during the donor’s lifetime, whereas a testamentary gift takes effect only after the donor’s death and can be modified or cancelled at any time before that.
Yes, it is possible to attach conditions to a donation, as long as these conditions are legal and feasible. These conditions must be clearly stated in the deed of gift.
A gift reduces the estate and can therefore influence the inheritance of other heirs. In inheritance law, certain gifts may be subject to reinstatement or reduction if they prejudice the rights of heirs with right of retention.
In France, donations are subject to gift tax, which varies according to the relationship between donor and donee and the value of the donation. In Quebec and the rest of Canada, there is no gift tax, but there may be tax consequences for the donor, particularly in terms of capital gains.
