Can I influence the effects of the donation on the succession?
Yes, you can do so if the testator indicates in his will that the donation in question is to be separated from the inherited share of the estate. This is possible only within certain time limits because gifts that reduce the reserved portion of the estate in the 10 years preceding the death can raise questions and may be subject to a rescission by the rightful heirs. Donations motivated by reasons of propriety or a particular moral obligation are excluded.
By way of explanation, the relevant article in the civil code speaks of a particular moral duty in the event of sickness, extreme weakness or owing to gratitude for a special service rendered by the donee to the donor, and so forth.
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