You may be wondering…

• Can a donor really demand a gift back once it’s already given?

• How does the court determine what counts as real hardship?

• Does this apply to gifts within the family too?

• What if the donee has already spent or sold the gift?

Clients ask me…

What exactly is “distress”?
Distress means a situation where the donor lacks resources for their own essential subsistence or for people to whom they have a statutory duty of support.

Do I have to return the whole gift?
The donee must return the gift or pay its usual value – but only up to the extent needed to cover the donor’s essential needs.

And if the donee is also in hardship?
If the donee is in similar distress, they are not obliged to return the gift.

Revocation of a gift due to distress in a nutshell

• Governed by Section 2068 et seq. of the Czech Civil Code.

• The donor may demand the return of the gift if they fall into distress.

• The donee can avoid returning the gift by contributing directly to the donor’s essential needs.

• Revocation is not possible if the donor brought the distress upon themselves intentionally or through gross negligence.

Most common risks and mistakes

1. Thinking a gift is forever. The law provides exceptions for extreme cases.

2. Unclear definition of distress. It’s not about a drop in living standards – it must be true lack of resources for basic needs.

3. Ignoring spent gifts. If the donee sold the gift, they must return its usual value.

4. No preventive planning. Donors often fail to secure safeguards in the gift contract (e.g., reserving rights, lifetime use).

Step-by-step process

1. Check if it’s really distress. There must be insufficient resources for basic needs.

2. Contact the donee in writing. Preferably by registered letter or through a lawyer.

3. Propose a solution. The donee can contribute financially or return the gift.

4. If they refuse, file a lawsuit. The court will decide whether the conditions are met.

Real-life example

A woman gifted her son the family house. Years later, after becoming widowed, her pension was insufficient to cover her basic needs. She asked her son for financial help, but he refused. She turned to the court, which recognized her right to revoke the gift due to distress. The son was required either to return the house or to contribute regularly to her living expenses.

Why to be careful

Gifting is a generous act, but always think of “what if.” Nobody knows what the future may bring. If you gift real estate or significant assets, consult a lawyer about how to keep safety nets in place – for example, a lifetime right of use (servitude).

Lawyer’s recommendation

If you fall into distress and regret a past gift, don’t hesitate to act legally. Remember:

• You must prove genuine hardship,

• Act in time before debt or enforcement proceedings begin,

• If you are donating, plan ahead for potential future uncertainty.

Checklist:
☑ I am in distress – I cannot cover essential needs
☑ I have contacted the donee with a request
☑ If refused, I can turn to the court
☑ The gift agreement was properly drafted

FAQ

Do I always have to return the full gift?
No – only to the extent needed to cover the donor’s essential needs.

Can a donor revoke a gift if they caused their own hardship?
No – the law excludes cases where the donor caused distress intentionally or by gross negligence.

Does revocation due to distress apply to family members too?
Yes, the rules are the same regardless of family ties.