The transmission of a heritage is an act that is preparing and, especially, as part of a donation of real estate. Return on the conditions of drafting and signing the deed of gift in the presence of a notary.
As a reminder, a donation is the act that makes it possible to transmit a property during one's lifetime to the beneficiary of one's choice (child, cohabiting partner, ascendant, third party, etc.). The donation is a act of voluntary transmission as well as the will and the various life insurance contracts.
Donation: Is the intervention of the notary obligatory?
The donation is a contract that requires the consent of both parties, donor and beneficiary. On the other hand, it is a contract with far-reaching consequences. Therefore, as part of a donation of real estate (house, apartment, land or boat), the presence of a notary is mandatory. The donation must be established under notarial act for especially that there is authenticity. For other property such as movable property or sums of money, the presence of the notary is advised but not obligatory.
More exactly, it is not one but two notaries who must be present for a donation: a notary chosen by the family (donor) and a notary chosen by the President of the Chambre des Notaires.
What does this imply?
A real estate donation involves a written act signed by the donor, the beneficiary and the notary. The latter then guarantees the authenticity of the act.
The authenticity of the act notary implies:
- its probative force, which means that the signature of the notary is proof of the content and date of the act
- its enforceability means that the act produces a final judgment effect
- its certain date
The donation under notarial act implies other serious consequences such as the irrevocable and immediate removal of the object of the act (notably by the probative force and the enforceable force of a notarial act). On the other hand, this also implies donation fee payment by the beneficiary of the donation.
To note: donation rights are calculated according to the quality of the beneficiary of the donation. There is a scale according to the degree of relationship.