You may be thinking…

“Once I’ve given something away, I can never take it back.”
But that’s not true. The law recognizes situations in which a donor can demand the return of a gift.

Clients often ask me

• When can I revoke a donation?

• Do I need concrete evidence?

• How does revocation work for real estate?

• Can a donation be revoked even after many years?

When revocation is possible under the law

1. For ingratitude of the donee

   • If the donee behaves grossly toward the donor or their family (e.g., abuse, neglect, serious mistreatment).

2. For lack of basic decency

   • For example, when the donee fails to provide help to the donor in a situation where it would be morally expected.

3. For donor’s financial hardship

   • If the donor falls into severe need (e.g., illness, loss of income) and requires the gift for their own subsistence.

Step-by-step process

1. Assess the reason for revocation – it must meet legal grounds.

2. Prepare a written notice to the donee stating the revocation and reason.

3. Gather evidence – witnesses, correspondence, medical reports.

4. For real estate – submit a proposal for entry of the change in the Land Registry.

5. If the donee disagrees, file a lawsuit with the court.

Real-life examples

• A mother donated a house to her son. When the son started physically abusing her, she successfully sued for the return of the gift.

• A father donated money to his son but later fell into severe financial hardship. The court allowed him to revoke the donation.

• A donor tried to revoke a gift due to the donee’s “inappropriate remarks.” The court dismissed the case because it was not serious enough ingratitude.

The most common mistakes in revoking a donation

• Oral statement only – insufficient, revocation must be in writing.

• Lack of evidence – courts will not revoke a donation without proof.

• Wrong reason – not every bad relationship gives rise to a right to revoke.

Lawyer’s recommendation (checklist)

☑ always revoke in writing
☑ support the reason with evidence (ingratitude, hardship, gross behavior)
☑ for real estate, register the change in the Land Registry
☑ be prepared for a potential lawsuit
☑ consult a lawyer before filing a claim

FAQ

Can I revoke a donation if the donee just stops maintaining the donated property?
Only if it amounts to gross neglect or ingratitude, otherwise no.

Can a donation be revoked even after ten years?
Yes, if the reason arose after the donation. The later you file, however, the harder it is to prove.

Does the donee always have to return the gift physically?
If that is not possible (e.g., the money has been spent), financial compensation may be required.