In the “Great Savings Rendez-vous” (Capital / Radio Patrimoine), Nathalie Couzigou-Suhas, notary in Paris, responds to an auditor whose brother disputes a donation of old money received from their mother. © Capital – Should a donation in the lifetime be reinstated in a succession? Save safeguarded Receive the alerts The big savings meeting each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – accompany you on all your money questions. Today, Sylvia explains that her mother gave her an undeclared donation over 20 years ago to buy a house. Could this gift be claimed at the time of the succession, as his brother claims? For Nathalie Couzigou-Suhas, notary in Paris, the answer is clear: “Sylvia’s brother is entirely right. A person can make as many donations as she wishes, but on death, if reserved heirs exist, everything that has been given is reinstated in the mass to be shared. ” In this case, Sylvia will have to account for what she has received: “If the house has been bought thanks to the donation, the notary will have to assess his value at the time of the succession. Sylvia will have to restore the equivalent of this percentage to the hereditary mass. If the succession does not cover this sum, it will have to compensate. ” Even an ancient gift can be reinstated in the succession of the type of situation often generates conflicts: “When donations are made unevenly, this creates distortions between heirs. On the death of the parent, children can oppose, in particular on the valuation of the property, ”recalls the notary. Also, our guest advises to anticipate with an appropriate legal tool: “The donation-sharing makes it possible to freeze things between all children. We agree on the current value, we reincorporate past donations, and we formalize this. This avoids future conflicts, but involves a 2.5% tax tax on reinstated donations. ”In summary, even an old donation can be taken into account during a succession. Anticipating by a donation-party is often the best solution to avoid family conflicts. Read also: Savings: “What investments favor retired to create a supplement of income?” Ask our questions to our experts a question about your investments, a succession, your taxes or your real estate investments? Each month, we select several and submit them to our experts who will enlighten you on all the subjects that affect your money. To ask them your questions, an address: question@capital.fr >> Our service – Test our life insurance comparator Receive our latest news each week, the flagship items to support your personal finances. (tagstotranslate) The big meeting of the u00e9Pngne
