Family law & mediation

The gift by hand commonly describes the physical donation of an asset. It can only concern movable furnishings, which can be physically donated by "tradition". In addition, a gift by hand is permitted when it concerns cash amounts donated either by cheque or transfer between accounts.

No record is required to prove the validity of a gift by hand. Moreover, it has exactly the same consequences as any other donation made through a notary. These consequences are both civil and financial.

It is civilly irrevocable, excluding exceptions. Upon the death of the donator, it is subject to an obligation to report donations and may eventually be reduced, in case of an infringement to the reserved portion of an estate.



Is a manual gift
requireD a particular
a particular form?



The gift by hand requires no written record as it is enacted through the physical donation of the object to the donee. 

On the other hand, all written records concerning a donation must be drafted by a notary, otherwise they shall be invalid.

Why is it better

draw up a written deed of gift before a notaIRE?



The scope of gift by hand is extensive, and therein resides its pitfalls. Persons who consent to gift by hand are generally not aware that they have agreed upon an act with the same effects as a notarised donation. They thus ignore the civil and financial consequences of the transaction, notably when preparing their succession.
For the sake of prudence and legal security, a written agreement should be drafted through the notaire.

A CERTIFIED and reassuring deed



Aside from the standard attributes of a certified deed, the drafting of a donation by a notaire is reassuring on several levels : When the deed is drafted, the donator benefits from the notaire's assistance, the latter advising them on the scope of their agreement and the utility of certain clauses (e.g., a clause providing exemption from reporting or one enforcing the need for a report in the event that the donator heir retracts or a clause qualifying a concessionary donation excluding share of inheritance, etc.). The notaire will also review the rules of inheritance, the distinctions to be made depending on the type of donation, the notion of an assessment report and their impact on the day of death.

It is also the moment for the notaire to draft, for their client, a patrimonial overview and anticipate their present and future needs upon retirement, then at the end of their life (notably, when estimating the cost of home help, or placement in a medical institution).


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