Frequently asked questions about Donation

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I am a specific legatee of a man who died in 2018. In 2019, I requested delivery of the legacy from his widow, who did not respond. Can I still claim my legacy?

In principle, no. Case law generally limits actions for delivery of a legacy to a five-year period from the date of death (Art. 2224 Civil Code; Cass. 1st Civ., 21 June 2023, No. 21-20.396 FS-B).
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I would like to make a residual legacy. Can I be certain that my legatee will keep the property until their death?

No. A residual legacy (legs résiduel or de residuo) is a gift upon death (provided for in a will and executed upon your death) that designates a first legatee who will receive a property and will be required to pass it on to a second legatee, provided it still exists…
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Can a gift be cancelled?

No. A gift is irrevocable except for ingratitude, birth of a child, or failure to comply with conditions (Civil Code, Article 953).
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I gave an apartment to my daughter, who has three children. If she dies before me, the notary tells me it's possible to get it back. Is this true?

Yes. Everything depends on how you draft your deed of gift. If nothing has been stipulated, as the gift is irrevocable, the law does not allow you to recover your property. On the other hand, if a "conventional return clause" has been provided for in the event of the predecease…
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