Gift property to children in Tunisia: gifts, wills, one-third

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Topic: Family law

How to gift property to children in Tunisia: the deed, keeping the right to live in the house, revoking a gift and the one-third rule for wills.

Short answer: a gift transfers property during the giver's lifetime. In Tunisia it must be made by official deed and, for registered land, only takes full effect once entered in the land register. You can give your children the bare ownership of your home while keeping the right to use it (usufruct), so you go on living there until you die. A will only takes effect on death, is capped at one-third of the estate, and can benefit an heir only if the other heirs agree. A word of caution: much of what you find online about gifts and wills describes Egyptian, Algerian or French law. In Tunisia the rules are mainly in the Personal Status Code, and they differ on several points. How to make a valid gift in Tunisia The giver must own the property and have legal capacity: you can only give what is yours, and you must be legally able to dispose of it. An official deed: a gift is valid only if made by official (authentic) deed (Personal Status Code, art. 204), normally before a notary. Deeds to be entered in the land register may also be drafted by authorised Land Registry staff or practising lawyers, so ask which form your gift needs. Handover: the gift is complete only once the property is handed over to the recipient; if the giver or the recipient dies before that, the gift is void (art. 201). Acceptance: the recipient accepts the gift, or their legal representative does if they are a minor. Entry in the land register: for registered land, the rights created by the gift arise only on entry in the land register (art. 204). An unregistered gift leaves things in limbo and invites disputes after the giver's death. Giving your house but keeping the right to live in it This is what many parents choose: they give the bare ownership to their children and keep the usufruct , the right to live in the house or rent it out and keep the rent for life. When the giver dies, the usufruct ends and the child becomes full owner; the house normally does not form part of the estate, provided the gift was validly completed and registered. Because you go on living in the house, ask a lawyer how the handover requirement applies to you. Weigh two consequences: you can no longer sell the house on your own, and your child cannot sell it outright without you. Talk it through as a family before signing. Can I give my house to my daughter? Yes. A gift is made during your lifetime and can benefit a daughter or anyone else. Some parents use it to give their daughters more than their inheritance share would be. But heirs can challenge a gift, in particular: if it was made during the giver's final illness , in which case it is treated as a bequest (art. 206), so the one-third cap and the rules on bequests to heirs apply; if it is disguised as a sale with no real price paid; if the deed is defective or the giver lacked full capacity. Transparency, an official deed and prompt registration are the best protection. Can a gift be revoked? Revocation is the exception. A clause reserving the giver's right to take the gift back is void, and the gift stands (art. 209). The Personal Status Code allows revocation only for serious ingratitude by the recipient, where the giver can no longer support themselves or meet their maintenance obligations, or where a child is born to the giver after the gift (art. 210). It is ruled out once the property has been disposed of, destroyed or increased in value by an addition built into it (art. 212). Do not count on being able to take a gift back: if that matters to you, ask a lawyer before you sign. Making a will in Tunisia: the one-third rule The one-third cap: a will takes effect only up to one-third of the estate, after debts are paid. Bequests to heirs: they take effect only if the other heirs consent after the death. The same applies to anything above one-third (art. 179). Form: the will must be either an official deed or a document written, dated and signed by you (art. 176); the safest route is an official deed drawn up by a notary, which is easier to prove. Changing your mind: you can amend or revoke your will at any time while you are alive, using one of the same forms (art. 177). The mandatory bequest for grandchildren When a son or daughter dies before, or at the same time as, their parent, the Personal Status Code gives that son's or daughter's own children, the first-degree grandchildren, a mandatory bequest from the grandparent's estate, even without a will. The conditions are strict: it cannot exceed one-third or the share the deceased parent would have received, and anything the grandchildren already received free of charge from the grandparent during their lifetime is deducted (arts. 191 and 192). It is shared with two shares for a boy and one for a girl, and grandchildren who inherit from the grandparent in their own right do not receive it. Working out the amount is technical, so ask the notary or a lawyer. Registration duties on gifts Gifts are subject to registration duties, at rates that depend on the type of property and the family relationship between giver and recipient. We do not quote rates because they change: ask the notary or the tax office for a figure before you sign. Frequently asked questions What is the difference between a gift and a will? A gift transfers property during your lifetime and is not capped at one-third when made in good health; a will only takes effect on death, is limited to one-third and can be changed until the end. Can I leave my house to my daughter in my will? Your daughter is an heir, so the bequest only takes effect if the other heirs agree after your death. That is why some parents prefer a lifetime gift. Can heirs have a gift set aside? Yes, in some cases: a gift made during the giver's final illness, a sham sale, a defective deed or a giver without full capacity. I live abroad. Can I gift property located in Tunisia? Yes, by signing the deed in Tunisia or through a specific power of attorney made at the consulate or legalised. Under the Code of Private International Law (arts. 54 and 56), succession may be governed by the deceased's national law, the law of their last home or the law of the country where they left property, and a gift by the giver's national law, so have a lawyer check your situation. When should you see a lawyer? before giving away valuable property, especially if other heirs may object; if the property is unregistered or jointly owned; if one of the parties lives abroad or is a foreign national; if you are an heir and want to challenge a gift or a will. The site's directory lists lawyers registered with the ONAT, the Tunisian bar, by city. Choose one who handles family, property and inheritance matters. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026