If assets are passed on by means of an act of donation, rights are not retained. In the case of a will or an inheritance agreement, a person retains his or her rights over property until death. When passing on assets based on a lifetime maintenance agreement, ownership rights are transferred to another person in the course of the transferor’s lifetime, but the law provides the transferor with guarantees so that the beneficiary fulfils his or her duties, which is ensured by the notary imposing a prohibition on the alienation of property.

In the case of a will, a testator is entitled to change or even revoke his or her will at any time prior to his or her death. Moreover, a testator may draw up a will subject to conditions. In other words, the testator may impose a number of commitments on the heir tied that may or may not be tied to the latter’s behaviour (presence of other heirs, residence in a given place, obtaining education, etc.).

In the case of an agreement as to succession, a donation contract, or a contract of lifetime maintenance, the decision to return the property can be made either by agreement of the parties, or in court.