You may be thinking…

“A donation agreement is just a formality – the main thing is that we agree.”
But the legal reality is different. If an essential element is missing, no agreement can save you.

Clients often ask me

• What mistakes make a donation agreement invalid?

• Is it a problem if I only describe the gift generally?

• Can a missing signature stop the Land Registry from registering the contract?

• Is it enough to download a free contract template from the internet?

The most common mistakes in practice

1. Vague description of the donated item

   • “Donates an apartment in Brno” is not enough. For real estate, an exact Land Registry description is required (parcel number, unit, title deed).

2. Missing acceptance by the donee

   • Without the donee’s explicit acceptance, the agreement is not valid.

3. Unstated conditions

   • Parents donate an apartment but “forget” to include their right to live there. Without a right of use, they may have to leave the property.

4. No verified signatures

   • For real estate, the Land Registry will reject the contract without verified signatures.

5. Using outdated templates

   • Many internet templates do not reflect current legislation.

How to avoid mistakes – step by step

1. Always describe the gift precisely, using official data.

2. Include the donee’s acceptance.

3. If you want to stay in the donated apartment, include a right of use clause.

4. For real estate, verify signatures and prepare a registration proposal.

5. Avoid downloading anonymous templates from the internet.

Real-life examples

• A client downloaded a template from the internet but forgot to specify the exact parcel number. The Land Registry rejected the contract, and it had to be rewritten.

• A grandmother donated her apartment to her grandson but did not secure the right to live there. The grandson sold the apartment, and she ended up in court.

Why free templates often do more harm than good

At first glance, they save time and money, but:

• they may be incomplete,

• they often do not include rights of use,

• they ignore the possibility of revoking a donation,

• they are outdated.

Using them means risking invalidity or even losing your home.

Lawyer’s recommendation (checklist)

☑ precise description of the gift based on official records
☑ acceptance by the donee
☑ clearly stated conditions (e.g., right of use)
☑ verified signatures for real estate
☑ check whether the template reflects current legislation

FAQ

How do I know if my donation agreement is invalid?
If essential requirements are missing (e.g., description of the gift, acceptance by the donee), the agreement will not hold.

Can the Land Registry reject a contract due to a formal mistake?
Yes, even a minor inaccuracy in the property description may lead to rejection.

Can a donation agreement be handwritten?
Yes, if it contains all necessary elements and is legible. For real estate, it must always be written and have verified signatures.