Donation-sharing is all or nothing

A father donates to his children. This is done in two stages. In a first notarial act, the father allocates lots to the children. Then, in a second act, six years later, it proceeds with the sharing of these lots. Two children accept their lot, the other two refuse. The invalidity of the act of sharing is requested by one of the children who refused to sign and receive his share.

The Court of Cassation dismisses the appeal, recalling that the donation-sharing is the affirmation of the goodwill of the donor parent. It may be done by separate acts as provided for by law, but the will of the parent is so important that, once only one child accepts it, the refusal of the others has no effect on the validity of that act.

The Court of Cassation recalls that the donation-sharing is not an ordinary sharing. Heirs who refuse to participate in the act or who participate but receive a lot less than hereditary reserveshall wait until the death of the parent in order to assert their rights.