Donation: Can I take the apartment I gave to my daughter to her death?

In the “Great Savings Rendez-vous” (Capital / Radio Patrimoine), Clarisse Josse, notary in Paris, sheds light on the possibility of recovering a given property in the event of the beneficiary’s death.

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Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, specialists in heritage law, taxis – support you on all the issues related to your assets, whether inheritance, donation, taxation or savings. Today, Clarisse Josse responds to Catherine, who wonders about the right to return in the event of death of her daughter, to which she has donated real estate.

The notary first explains that “It all depends on how the donation has been written. This is called the right to return. In most donation acts, the notary provides for a conventional right of return, but the exact terms must be checked. In general, this right makes it possible to recover the property only if the deceased beneficiary has no descendant ”.

In the case of Catherine, since her daughter has three children, “The property is normally transmitted to grandchildren rather than returning to the donor. If Catherine wanted another arrangement, this should have been specified in the act of donation ”. However, “It is possible to review this clause once the donation has been made, but this requires the agreement of all the parties concerned”specifies Clarisse Josse. Thus, for any verification, the expert advises “To make an appointment with his notary in order to review the terms of the act and to consider any modifications”.

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