You may be thinking…

• “If I donate my property now, I’ll have peace of mind.”

• “I’d rather wait, write a will, and divide the property fairly.”

• “An inheritance contract sounds complicated, I don’t even know what it’s for.”

Each approach has its pros and cons.

Clients often ask me

• Which is more beneficial: donating during lifetime or a will?

• Can a donation be revoked if the donee misbehaves?

• Can someone challenge a will?

• When is an inheritance contract appropriate?

Donation during lifetime – advantages and disadvantages

Advantages:

• immediate transfer of ownership (real estate or money)

• the donee gains certainty of ownership

• possible to set up an easement (e.g., lifelong residence)

• the donor may feel like “everything is settled”

Disadvantages:

• risk that the donee’s behavior changes and relationships sour

• donation is hard to revoke (revocation possible only in exceptional cases)

• the donor loses control over the property

• property can no longer form part of the estate

Will – advantages and disadvantages

Advantages:

• donor keeps control until death

• possible to divide property fairly among several heirs

• a will can be changed or revoked at any time

• option of a notarial deed, securely stored

Disadvantages:

• inheritance proceedings only take place after death → potential conflicts among heirs

• some heirs are entitled by law to a mandatory share (so-called forced heirs)

• a will may be challenged (e.g., due to formal defects)

Inheritance contract – a lesser-known but strong tool

• a notarial contract between the testator and the future heir

• provides more certainty than a will because it cannot be revoked unilaterally

• binding for both parties → suitable where certainty is essential

• disadvantage: lacks flexibility, requires a notary

Real-life examples

• Mrs. Anna donated her apartment to her daughter but forgot an easement. The daughter sold the apartment, and Anna ended up renting elsewhere.

• Mr. Petr left everything in a will, but since he didn’t include all children, the will was challenged, and the court had to decide.

• A couple concluded an inheritance contract with their son who cared for them. After their death, no dispute arose because the contract was binding.

Why “quick fixes” aren’t enough

I often hear: “I’ll just write it myself, there’s a template online.” But the differences between donation, will, and inheritance contract are fundamental. Choosing the wrong tool can jeopardize both family relationships and legal certainty.

Lawyer’s recommendation (checklist)

☑ think about family relationships, not just the law
☑ consider whether you want certainty now (donation) or later (will)
☑ don’t forget an easement if donating real estate
☑ use a notary or lawyer – avoid formal mistakes
☑ if you want maximum certainty, consider an inheritance contract

FAQ

Can I combine donation and a will?
Yes, part of the property can be donated during lifetime and part left in a will.

Is a donation better than a will?
It depends – if you want immediate certainty and to secure the donee now, donation is suitable. If you want to retain control until death, a will is better.

Can someone challenge an inheritance contract?
Very rarely, since it is concluded before a notary.

What if I want to revoke a donation?
Revocation is possible only for statutory reasons (e.g., gross misconduct of the donee).