Given Jewelry Returns to the Estate at Its Current Value

This is the least known rule among families, and one of the most explosive when it comes to succession. It can be summed up in one sentence: an asset given as a gift is not counted for what it was worth on the day of the gift, but for what it is worth on the day of partition.

What Article 860 of the Civil Code Says

When a donation must be brought back into the estate, the contribution is based on the value of the gifted asset at the time of partition, according to its condition at the time of the donation. In other words, the piece of jewelry is taken as it was when it was given—same stones, same setting, same condition—and current prices are applied.

If the asset was sold before the partition, its value at the time of sale is used. The logic behind this provision is equality among heirs: to neutralize inflation and market fluctuations so that the one who received early is neither advantaged nor penalized.

Why Jewelry Is Particularly Affected

Few assets experience such significant fluctuations. The price of gold has multiplied several times in twenty years; certain colored stones have seen their prices soar; pieces signed by major houses now trade well above their original prices, while other jewelry, very expensive at purchase, has lost most of its resale value.

Two children who received “the same thing” twenty years apart can thus find themselves with considerable differences at the time of partition—without anyone having done anything wrong.

An Illustrative Example

In 2006, a mother gives her eldest daughter a ring valued at €9,000; in 2016, she gives her younger daughter a necklace then of equivalent value. Upon her death in 2026, the ring is worth €22,000 and the necklace €11,000.

At partition, the eldest is deemed to have received €22,000, the youngest €11,000. The difference is offset against the rest of the estate—and if the estate is insufficient, the eldest may owe an indemnity. Families tear themselves apart over situations exactly like this, often because no one anticipated the rule.

How to Protect Yourself

• Have each piece appraised and dated at the time of the gift: this document will establish the condition of the piece, the reference that Article 860 requires to be used.
• Take photographs of the piece from multiple angles, along with any certificates.
• Discuss with your notary: depending on the situation, a donation-partage (partition donation) can freeze values and precisely avoid this mechanism. This is a decision for the notary, not us—but it deserves to be raised before making the gift.
• Reappraise at the time of partition: it is the current value that counts, and it must be established by a professional, otherwise the discussion turns into a casual estimate.

We intervene at both ends of this chain: at the time of the gift, to date and valuate; at the time of partition, to reappraise objectively. In both cases, the same document is provided to all heirs who request it—transparency being, by far, the best way to bring peace.

Updated on July 25, 2026—tax allowances and declaration procedures change regularly; check the rule in force on the day of your donation.