The inter vivos gift, verified clause by clause.
An inter vivos gift transfers property during the donor's lifetime, free of charge. The gift of an immovable must be made by notarial act, on pain of absolute nullity (art. 1824 C.c.Q.). NotarIA checks every draft gift against Québec law — form, capacity, reservations — and cites its findings; the notary decides.
NotarIA Team · July 19, 2026 · 6 min read
The essentials
An inter vivos gift is the contract by which a person, the donor, transfers property during their lifetime to another, the donee, free of charge. When the property is an immovable, the law requires notarial form, on pain of absolute nullity (art. 1824 of the Civil Code of Québec); publication in the Land Register then makes the right enforceable against third parties.
A gift is not always written in black and white: a sale at a very low price can hide a disguised gift, and an advantage conferred indirectly — paying for someone else, for example — can be analyzed as an indirect gift. The donor can also transfer while keeping the use of the property, through a reservation of usufruct. These concepts play out file by file; the notary assesses their civil and, generally, tax consequences.
Watchpoints
Five subjects that come up in almost every file.
Notarial form
For an immovable, authentic form is a condition of validity (art. 1824 C.c.Q.), not a mere precaution: a private gift risks absolute nullity.
Capacity and consent
The donor must be able to consent validly; in sensitive files, the notary documents capacity and the absence of pressure.
Reservation of usufruct
Giving the bare ownership while keeping the usufruct lets the donor transfer while retaining the use or income of the property; the clause is drafted with care.
Disguised and indirect gifts
A sale at a nominal price or a roundabout advantage can be recharacterized; the characterization changes the applicable rules, notably form and proof.
Publication of rights
The gift of an immovable is published in the Land Register to be enforceable against third parties (Act respecting the publication of rights, CQLR c. P-2.2); an omission can complicate a later title examination.
What the copilot checks
The copilot re-reads the draft like a vigilant peer, before signing.
Missing clauses by act type
The draft is compared to the requirements of the "gift" act type — characterization, reservations, charges on the gift — and omissions are flagged.
Outdated references
Repealed or replaced articles cited in the act are spotted, with the current reference.
Inconsistencies
Gaps between the stated characterization (sale or gift) and the drafted clauses, or between the file's documents, flagged for review.
A cited finding — the notary decides
Every finding is cited to its source and graded by severity; the notary confirms, rejects or finalizes. Never the AI.
Frequently asked questions
Can a gift of an immovable be made without a notary?
No: the gift of an immovable must be received in notarial form, on pain of absolute nullity (art. 1824 C.c.Q.). The notary also sees to its publication in the Land Register.
What is a disguised gift?
A gift hidden inside another contract — for example a sale at a price well below real value. Recharacterization has civil and, generally, tax consequences; the notary characterizes the transaction according to the file.
Can you give while keeping the use of the property?
Yes, through a reservation of usufruct: the donor transfers the bare ownership and keeps the use or income. It is a technical clause whose effects vary by file — your notary will calibrate it.
Gifts with no unpleasant surprises.
Request a demo: the copilot re-reads your draft gifts before signing.
Assistant — not legal advice. The notary reviews, signs and decides on every act.