You may be wondering…

• “Can a donor really dictate what I do with the gift?”

• “What happens if the donee doesn’t comply?”

• “How enforceable are such instructions?”

We’ll go through these questions step by step.

Clients ask me…

• Is it possible to donate money with a condition that it must be used for studies?

• What if the donee fails to keep the promise, such as maintaining a family grave?

• Can the instruction serve the public interest – like preserving a monument or supporting charity?

Gift with instructions in a nutshell

A gift with instructions means that the donee must fulfill a specific task in addition to receiving the gift. This may be a duty towards the donor (e.g., caring for them), towards themselves (investing the money in education), or for the benefit of a third party or public interest (e.g., maintaining a monument, charitable use).

The Civil Code (§ 2064) clearly states: the donor may demand compliance with the instruction, but only after actually handing over the gift.

Main risks and common mistakes

• Vague instructions – e.g., “take care of the house” is too broad. The obligations must be specified.

• Unrealistic instructions – sometimes donors impose duties the donee cannot realistically meet.

• Missing written form – if the gift requires registration (e.g., real estate), the instruction must also be in writing.

• Family disputes – especially when parents donate property to one child with the instruction to care for them, leaving other children feeling disadvantaged.

Step-by-step process

1. Draft a written gift agreement. Mandatory for real estate, strongly recommended for other property.

2. State the instruction clearly and precisely. Avoid vague wording.

3. Assess feasibility. Does the donee realistically have the means to comply?

4. Agree on sanctions. For instance, a right to revoke the gift in case of breach.

5. Include public interest if relevant. Then a public authority may enforce compliance.

Real-life examples

• Parents donated a cottage to their son with the instruction that they could live there for life. A dispute arose when the son rented out the cottage and tried to evict his parents.

• A donor contributed money for the repair of a chapel in the village. The donee used the funds otherwise, and the court had to decide whether the money must be returned.

Why DIY is risky

Many people think they can simply add an instruction into a free online template. But with instructions, the risk is that unclear drafting makes the agreement unenforceable or opens the door to a lengthy court battle.

You may be wondering…

“And what if the donee just ignores the instruction?”
In that case, the donor (or a relevant authority, if public interest is at stake) can demand compliance, and in serious cases even request the return of the gift.

Lawyer’s recommendation

• Never rely on oral promises. Instructions must be clearly written into the agreement.

• Always consider whether the instruction is realistic and enforceable.

• If you want multiple people (e.g., children) to be bound, distribute the gift fairly to avoid future disputes.

Checklist:
☑ Written contract with clear instruction wording
☑ Specific, controllable duty
☑ Sanction for breach
☑ Lawyer’s review

FAQ

Can the donor require compliance even after death?
Yes, if it concerns the public interest. Otherwise, it depends on the contract and heirs’ rights.

Can a gift be revoked if the donee fails to comply?
Yes, in serious cases the donor can demand the return of the gift.

Can an instruction involve money?
Yes, for example, requiring the funds to be spent on education or repairs.