You may be wondering…

• Can I really gift all of my property?

• What if I have nothing left for my basic needs?

• Are there different rules for current vs. future property?

• How do courts view the gifting of “all assets”?

Clients ask me…

Is it possible to gift everything I own?
Yes – the law allows it, but the agreement must not jeopardize the donor’s basic subsistence or their statutory support obligations.

What about future property?
Gifting future property is restricted – you can only gift up to half of it (Section 2058 of the Civil Code).

What if gifting harms my creditors?
Such an agreement can be challenged and declared invalid because it would be an attempt to avoid debts.

Gifting all property in a nutshell

• Current property – you can gift all of it, but you must still have enough left to support yourself.

• Future property – you can only gift up to half.

• Protection of creditors and family – you cannot use gifting to avoid debts or support obligations.

• Risk of invalidity – if the agreement endangers your basic existence, the court can declare it invalid.

Main risks and mistakes

1. Gifting “everything” without thinking it through. Many regret it when left with nothing to live on.

2. Forgetting support obligations. Donors remain obliged to support children or spouses – gifting does not remove this duty.

3. Circumventing creditors. If the donor gifts property to avoid paying debts, courts can strike it down.

4. Poorly drafted contract. If the subject of the gift isn’t clearly defined, the agreement can be contested.

Step-by-step process

1. Decide what you want to gift. You can gift all, but only if you can still cover your and your family’s needs.

2. Differentiate current and future property. Future assets can only be gifted up to half.

3. Check whether creditors are harmed. They may challenge the agreement.

4. Draft a precise contract. Without legal assistance, you risk invalidity.

Real-life example

A man gifted all his assets to his partner – his flat, car, and savings. Later, the relationship ended, and he was left with nothing. When he turned to court, the judge ruled part of the agreement invalid because it endangered his own basic needs. The partner had to return part of the property.

Why be careful

Gifting everything may sound generous, but in practice, it often leads to problems – from broken relationships to court disputes. The law protects not only the donor but also their family and creditors.

Lawyer’s recommendation

• Never give away absolutely everything – always keep enough for your own needs.

• Consider safeguards like a lifetime right of use (servitude).

• Before signing, consult a lawyer – you’ll avoid invalidity and personal hardship.

Checklist:
☑ I know whether I’m gifting current or future property
☑ I have considered my own expenses and needs
☑ I respect the ½ limit for future property
☑ The agreement has been reviewed by a lawyer

FAQ

Can I gift all my current property?
Yes, but only if it doesn’t endanger your basic needs or support obligations.

What if I fall into hardship after gifting?
You may revoke the gift due to distress (Section 2068 Civil Code).

Are there different rules for future property?
Yes – you can only gift up to half of your future property.