What is a shared donation (notarial deed)?

A shared donation, as its name suggests, is both a donation and a division of assets. This division allows the values of the donated assets to be fixed at the time of the donation.

Let us take the example of a “simple” donation: during their lifetime, a parent gives one child a sum of money and another child an apartment of equivalent value. Upon the parent’s death, no additional assets remain in the estate. However, both children must still settle the inheritance based on the value of the previously donated assets. In this scenario, if the first child has spent the money on travel or other leisure activities, while the second child has kept the apartment, the latter would be required to pay their sibling an amount equivalent to half the value of the apartment.

Although logical in theory, this mechanism can often lead to significant tensions among heirs. In our example, the first child would have enjoyed travel and leisure, as well as half the value of the second child’s apartment.

In contrast, if the same donation had been made as a shared donation, the two assets would have been considered as permanently divided. As a result, at the time of death, the second child would not have had to pay any amount to the first child.

However, since the division is organized as part of the donation, certain rules must be followed. A shared donation must include all heirs and treat them equitably. While the donation’s value can vary for each heir, the heir receiving a larger portion must compensate the others with a financial sum (called a balancing payment or “soulte”) to restore financial fairness. That said, it is possible to forgo this balance if all heirs agree. Furthermore, the heirs can decide whether this balance should be settled at the time of the donor’s death or not.

Finally, it is possible to retroactively include prior donations within a shared donation to benefit from the legal effects of this arrangement.

The notarial office of Chassaint & Cerclé Notaires assists individuals in transmitting their assets and completing a donation or shared donation deed.

Your public notary can handle all the necessary steps to facilitate a remote donation, even for donor parents living abroad. This means that neither the donor(s) nor the beneficiary(ies) need to physically visit the notary’s office or travel to France.

For any additional information, feel free to contact us by email at ccn@ccn.notaires.fr, by phone at +33 1 88 32 98 80, or via the contact form below.