You might be wondering…

• Is it enough to hand over a piece of jewelry or a painting orally, or must there be a written donation agreement?

• How can you protect yourself if the donee later denies that it was a gift?

• What if the donated item has hidden defects, such as being a forgery?

• Can valuables be donated with a “condition” (e.g., that they remain within the family)?

Clients often ask me

• How to donate an antique so that the validity of the transfer cannot be disputed later?

• Does the agreement always need to be notarized?

• What about insurance of donated valuables?

• Can a gift be revoked if the donee behaves ungratefully?

How donation of valuables works in practice

1. Form of agreement – the law requires written form if the item is not handed over at the same time as the expression of will to donate. With valuables, however, a written agreement is always recommended, even if the item is handed over immediately.

2. Description of the subject – is essential. For jewelry, specify material, weight, purity; for paintings, specify author, title, dimensions; ideally, attach an expert appraisal or certificate of authenticity.

3. Insurance – for high-value items, it is advisable to agree contractually who will keep the item insured and under what conditions.

4. Handover protocol – for expensive items, it is a must. It serves as proof of when and in what condition the items were handed over.

Most common mistakes

• Oral agreements on donation of valuables – difficult to prove, high risk of dispute.

• Insufficient description of the item – without details, the donee may claim they received a different item.

• Missing proof of authenticity – especially risky with art and antiques, due to the possibility of forgeries.

• Unresolved insurance questions – who bears responsibility if the valuable is stolen or destroyed?

Example from practice

A client donated an antique ring to her daughter. Years later, the daughter wanted to sell it but encountered a problem – there was no document confirming its origin, and it wasn’t clear whether the ring truly belonged to the donor. The court proceedings dragged on for years. Yet all it would have taken was a donation agreement with a description of the item and an attached expert appraisal.

Why to be cautious with “good faith” gifting

Valuables are not ordinary movable items. Jewelry, paintings, or antiques can easily be worth hundreds of thousands. Without legal safeguards, both donor and donee risk lengthy and costly litigation.

Lawyer’s recommendation – checklist

• Always prepare a written donation agreement.

• Include a detailed description of the item + expert appraisal if possible.

• Attach a handover protocol with date and signatures.

• Consider insurance of the donated item.

• Remember the possibility of revoking the gift for ingratitude.

FAQ

Does donation of valuables need to be notarized?
No, the law does not require it, but for high-value items it is highly recommended.

What if it turns out the jewelry is fake?
If the donor knew and failed to warn the donee, they are liable for damages and the donee may return the gift.

Can a gift be revoked?
Yes, for example due to ingratitude or if the donor falls into financial distress.