You might be wondering…

• If I gift my son an apartment, can I keep the right to live there for life?

• What if the relationship between parent and child deteriorates – can I revoke the gift?

• How is it handled if one child receives a gift and the others feel disadvantaged?

• Is it better to gift during life, or leave it to be resolved by a will?

Clients ask me

“If I gift my daughter a house but want to keep living in it – how can I secure that?”
The solution is a right of use (usufruct) registered in the land register. Without it, you risk being forced out by your child.

“Can I revoke the gift if my child starts treating me badly?”
Yes, the law allows revocation of a gift for ingratitude. But the conditions are strict – you must act quickly and prove a serious violation of good morals.

“Do I have to gift equally to all my children?”
No, there is no legal obligation. But unequal gifting is one of the most frequent triggers of disputes among siblings – especially after a parent’s death.

Gifting between parents and children in a nutshell

• The most common gifts: real estate, money, cooperative shares.

• A gift can be conditional (e.g., by attaching a right of use).

• Revocation of a gift is possible – for need or ingratitude.

• Tax perspective: gifts between direct relatives are exempt from income tax.

Biggest risks and common mistakes

1. Missing right of use – parents gift an apartment but fail to secure their housing.

2. Blind trust – oral promises (“I’d never kick you out”) do not count legally.

3. Inequality among siblings – one-sided gifts often lead to long legal disputes.

4. Ignorance of revocation rules – parents think they can never take the gift back.

Step-by-step process

1. Decide on the subject of the gift (apartment, house, money).

2. Prepare a written gift agreement.

3. For real estate, file a motion for entry into the land register.

4. Secure your interests – for example, by a right of use.

5. Inform other children (if any) to avoid feelings of unfairness.

Example from practice

Parents gifted a house to their son. Everything was based only on a “gentleman’s agreement.” Two years later, the relationship broke down and the son tried to evict them. Without a registered right of use, the parents had no legal protection and ended up in financial distress, having to find alternative housing. The solution could have been as simple as inserting a life-long right of residence into the gift agreement.

Why be cautious with DIY templates

On the internet, you can easily find a free gift agreement template. But these rarely cover conditions, sibling disputes, or the possibility of revocation. From my own experience, family gifting causes the highest number of disputes – most of which could be avoided if the agreement were prepared professionally.

Lawyer’s recommendation

When gifting your child, think not only of the gesture but also of protecting yourself and your family.

• Draft a tailor-made gift agreement.

• For real estate, always secure a right of use.

• Be aware of the possibility to revoke the gift.

• Prevent sibling disputes – transparency pays off.

✅ Checklist:

• Clearly defined gift

• Written agreement

• Housing/use secured (right of use)

• Thought-out solution for siblings

• Knowledge of gift revocation rules

FAQ

Is gifting between parents and children always tax-free?
Yes, as direct relatives, such gifts are exempt from income tax.

Can I demand compensation after gifting?
No, a gift is free of charge. But you can revoke it for need or ingratitude.

What if I want to gift only part of a property?
That’s possible – you can gift, for example, an undivided half, but the share must be precisely described.