In estate planning, "donation" broadly covers lifetime transfers of property, such as gifts of use, manual gifts, and notarial donations—each governed by distinct rules. A bequest, by contrast, is a posthumous gift specified in a will that takes effect upon the donor's death.
If you're looking to pass assets to family members while alive, you have two primary options: the manual gift (often called a "hand-to-hand" gift) or a formal notarial donation.
A manual gift allows you to give movable assets—like cash, artwork, vehicles, jewelry, stocks, or shares—to your descendants during your lifetime.
This straightforward, legally authorized process doesn't require a notary or written document—it's simply handed over directly.
Manual gifts are generally tax-free but must be reported to tax authorities. For amounts over 15,000 euros, the donor can declare it immediately or within a month after death.
Parents, grandparents, or great-grandparents (under 80) can gift up to 100,000 euros tax-free to each adult child, grandchild, or great-grandchild every 15 years. This pairs with a 31,865-euro allowance for cash gifts every 15 years.
Don't confuse manual gifts with "gifts of use," another donation type for special occasions like birthdays or weddings. These must be reasonable relative to your wealth and are fully tax-exempt.
A notarial donation transfers ownership of assets—movable or immovable, like houses, apartments, or land—gratuitously to children, grandchildren, spouse, family, or even non-family, with the recipient's consent.
The donor must have full mental capacity, legal competence, and be of legal age.
Unlike manual gifts, notarial donations can include real estate but must respect the legal hereditary reserve—the protected share for descendants or surviving spouse.
A notary deed is required for real estate donations; gifts under marriage contracts; spousal gifts; partition donations (dividing future estate assets); successive beneficiary donations; or donations with usufruct reservation (bare ownership only).
The notary handles tax declarations for these.
A bequest lets you allocate part of your estate to legatees through a will, potentially exceeding the hereditary reserve.
While not always requiring a notary, professional drafting is highly recommended to ensure validity.
Key types include:
Bequests can also involve successive beneficiaries: residual (remainder passes to second after first's death) or gradual (first must preserve assets for second).
