You may be wondering…

• Can I donate property to someone under the condition that they outlive me?

• Is a gift in case of death valid at all, or does it always count as a will?

• How do courts and the Civil Code distinguish between a will, a donation, and an inheritance contract?

What clients often ask me

Clients frequently come with the idea: “I want to transfer the house to my son, but only if he takes care of me until death.” Or: “I don’t want my property to go through inheritance; I’d rather donate it now, but with the condition that I’ll use it until death.” These situations are exactly where the thin line between donation and inheritance is drawn.

Gift in case of death – what it really means

According to § 2063 of the Civil Code, if a donation depends on the condition that the donee outlives the donor, it is generally considered a legacy.

• A will or legacy must meet strict formal requirements (usually in writing, sometimes in the form of a notarial deed).

• A donation agreement between living persons cannot bypass inheritance proceedings.

However, the law allows an exception: if the donor explicitly waives the right to revoke the gift and hands over a written deed to the donee, it may be treated as a donation – but such a case is rare in practice.

Risks and mistakes

1. Invalid donation – Many documents labeled “gift agreement in case of death” are actually invalid. Courts then classify them as wills, but since they don’t meet formal requirements, they are void.

2. Inheritance disputes – Relatives may challenge such agreements, leading to lengthy litigation.

3. False security – The donor may think they’ve arranged everything properly, but in reality, inheritance still has to be settled.

Practical example

Mr. Novák signed a donation agreement with his daughter stating that she would inherit his cottage if she outlived him. After his death, other heirs challenged the agreement. The court ruled it was actually a will, but since it wasn’t executed with the necessary formalities, it was invalid. The property went into inheritance proceedings anyway.

Why not DIY

Trying to draft a “gift in case of death” on your own is one of the most common pitfalls. Without legal advice, you risk creating an invalid document that will not fulfill your intentions and will spark disputes among heirs.

Voice of the reader

“So if I want to ensure who gets my property, should I rather write a will?”
Yes – if your intention is to dispose of your property for the time after death, a will or inheritance contract is the safe way. A donation agreement is suitable only for transfers during your lifetime.

Lawyer’s recommendation

As a lawyer, I recommend:

• Always clarify your goal – Do you want to transfer property now, or secure it for after death?

• If it’s for after death – choose a will or inheritance contract.

• If you want to donate during your life – make a regular donation agreement.

• Do not experiment with “donation in case of death” unless under expert guidance – the risks outweigh the benefits.

✅ Checklist for you:

• Do I want to donate property now or after death?

• Is the document in proper written form?

• Does it meet the conditions of a will (if it applies after death)?

• Have I consulted a lawyer to avoid disputes among heirs?

FAQ

Can I donate a property with the condition that the donee takes care of me until death?
Yes, but it must be structured as a donation with a burden (e.g., an obligation to provide care), not as a donation dependent on death.

What happens if the donation is invalid?
The property becomes part of the inheritance, and the document has no effect.

Isn’t it simpler just to write a will?
Yes, in most cases a will is the safest and most transparent option.