You may be thinking…

“Why should a donation agreement be complicated? After all, it’s just a voluntary gift.”
But the law sets clear requirements – and if they are not met, the donation may never take effect.

Clients often ask me

• What must every donation agreement include?

• What is the difference between donating money and real estate?

• Is it enough if we just sign the contract at home?

• Does the agreement have to be notarized?

Essential elements of a donation agreement

Every donation agreement should contain:

1. Identification of the parties – full name, date of birth, address, or company ID.

2. Description of the donated item – for real estate, parcel number/unit number; for money, the exact amount.

3. Declaration of the donor’s intent – clear statement that the property is given free of charge.

4. Acceptance by the donee – confirmation that the donation is accepted.

5. Signatures of both parties – for real estate, verification of signatures is strongly recommended.

Difference between donating money and real estate

• Money: for small amounts, the donation can even be oral (e.g., handing over cash). For larger amounts, a written contract is strongly recommended for evidentiary purposes.

• Real estate: always requires a written agreement, exact identification in the Land Registry, and verified signatures. Without registration in the Land Registry, the donation is invalid.

The most common mistakes

• Too vague a description of the donated item (e.g., “apartment in Prague” – insufficient, needs exact specification).

• Missing acceptance by the donee.

• Not including conditions (e.g., donor’s right to live in the property for life).

• Lack of verified signatures for real estate → the Land Registry will reject the entry.

Step-by-step process

1. Prepare accurate details of both parties.

2. Obtain a title deed if donating real estate.

3. Draft the agreement with clear identification of the gift.

4. Verify signatures (recommended always, mandatory for Land Registry).

5. Submit to the Land Registry (for real estate).

6. Keep the original agreement safe.

Real-life examples

• A client wanted to donate a car but did not include the license plate number or VIN in the agreement. The contract was invalid.

• Parents donated an apartment to their daughter but forgot to verify the signatures. The Land Registry rejected the entry, delaying the process for months.

Why “free templates” are not enough

Template contracts often miss important elements:

• They lack precise identification of the gift.

• They ignore donor’s rights (e.g., use of the property).

• They do not cover the possibility of revoking a donation.

Relying on such a template is risky – the contract may be invalid.

Lawyer’s recommendation (checklist)

☑ identification of donor and donee
☑ precise description of the donated item
☑ clear declaration of donation and acceptance
☑ signatures of both parties (verified for real estate)
☑ consider right of use or other conditions

FAQ

Does a donation agreement always have to be in writing?
Only for real estate and higher-value donations. Small gifts can be oral.

Who submits the agreement to the Land Registry?
Usually the donee, but either party may do so.

How much is the Land Registry fee?
The standard administrative fee is CZK 2,000.