Transmission: can we cancel a donation made to your child?

In the “big savings meeting” (capital / radio heritage), Clarisse Josse, notary in Paris, responds to an auditor who wonders about the possibility of revoking a donation made to her daughter.

Capital video: Can we cancel a donation?

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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, heritage engineers, employee savings experts – enlighten you on all your questions, which they relate to your taxes, your succession, your placements, your retirement or your real estate assets. Here, Clarisse Josse, notary in Paris, advises Mireille, an auditor who wants to know if she can cancel a donation made for the benefit of her daughter.

Mireille explains her situation to us: “In 2019, I donated my daughter a donation. Since then, we have scrambled, especially following numerous arguments about the choice of his studies. I would therefore like to cancel the evoked donation. Is it possible? ” Clarisse Josse begins by recalling that “Fortunately, revoking a donation is not that simple. In principle, it is even impossible ”. A donation is indeed a final act, signed before a notary. However, “Exceptional cases of revocation exist, in the event of violence against parents, ingratitude, etc.”specifies Clarisse Josse. Situations that remain rare and must be proven in court.

For this auditor, the best approach could be an amicable solution, according to the expert: “We could advise her to negotiate with his daughter to set up an amicable renegotiation of the donation, but she will not be able to obtain a total reimbursement and this will generate new costs.” She also recommends in Mireille de “Review her notary, in order to verify the conditions of this donation, and the safeguards that she might not have in mind. For example, in the event of donation of a property in dismemberment, his daughter cannot sell the property without her agreement ”.

In conclusion, to return to a donation, “It is possible to reopen a discussion or to go through mediation. But to completely revoke it, it will be necessary to go through a legal action ”. A procedure that can be long and complex.

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