Question to an expert
Can I make a donation to my granddaughter without asking her parents’ permission?
To be valid, a donation must be accepted by the donee, that is to say the one who receives it. An unemancipated minor child who does not have legal capacity cannot act alone. To receive a donation, he must therefore be represented by his legal representatives – his parents, or even his grandparents or the guardian in the absence of the latter.
The minor can thus receive, without right of donation and every fifteen years, 100,000 euros from each of his parents and 31,865 euros from each of his grandparents. This donation can take the form of real estate, full ownership or bare ownership, cash, securities, jewelry, etc.
On the other hand, a non-emancipated minor cannot benefit from another device called “donation of sums of money”, which also allows to receive 31,865 euros without taxation, this one being reserved for major donees and emancipated minors.
The property given belongs to the child. The legal representatives, generally the parents, will carry out all acts of administration and management relating to this property until the majority of the child.
On the other hand, they will not dispose of it freely (for example, they cannot sell it in the case of real estate or make purchases on life insurance contracts for acquire other property), without the prior consent of the judge, depending on the nature of the property.