You may be wondering…

• Is it enough that the donee is “just” unkind, or must it be something more serious?

• Can I revoke a gift even years later if our relationship deteriorates?

• Does this apply within close family too?

• What if the donee has already sold the gift – do I still have a chance?

Clients ask me…

What exactly counts as ingratitude?
According to Section 2072 of the Czech Civil Code, ingratitude means intentional or grossly negligent harm to the donor that clearly violates good morals (e.g., physical or psychological abuse, insults, criminal acts against the donor).

Do I need to notify the donee first?
Yes, I always recommend sending a written notice stating the reasons before going to court.

What is the time limit?
The donor can revoke the gift within one year of learning about the ingratitude. After that, the right expires.

Revoking a gift for ingratitude in a nutshell

• Requires clear evidence of a breach of good morals against the donor (or their close relatives).

• The donor may demand the return of the gift or its value.

• The right to revoke must be exercised within one year of discovering the ingratitude.

• If the donee sold the gift, they must return what remains of the enrichment.

Main risks and mistakes

1. Underestimating the need for evidence. Courts require clear proof (witnesses, medical reports, police records).

2. Confusing minor conflicts with ingratitude. Ingratitude is not forgetting to say thank you or not visiting – it must be serious.

3. Missing the deadline. A year passes quickly, and a late claim will fail.

4. Unclear agreements. If the gift contract has no provisions regarding return, the process can be harder.

Step-by-step process

1. Assess whether the donee’s actions meet the definition of ingratitude.

2. Gather evidence – witness statements, reports, police documents.

3. Send a written notice revoking the gift.

4. If the donee refuses, file a lawsuit.

Real-life example

A woman gifted her daughter a flat, believing it would secure her peaceful retirement. Instead, the daughter began psychologically abusing her and trying to drive her out of the home. The woman went to court, supported by neighbors’ testimonies and medical records. The court recognized ingratitude, and the daughter had to return the flat.

Why be cautious

Revoking a gift for ingratitude is extremely sensitive – it involves close relationships and family. Every step must be backed by evidence; otherwise, you risk not only losing the case but also worsening the conflict.

Lawyer’s recommendation

• Think carefully before gifting major assets – the decision is often irreversible.

• If the donee mistreats or harms you, act promptly.

• Always consult a lawyer before taking legal action.

Checklist:
☑ Clear evidence of ingratitude
☑ Written notice demanding the gift back
☑ Compliance with the one-year deadline
☑ Preparedness for court proceedings

FAQ

Can I revoke a gift if the donee just drifted away and no longer contacts me?
No – that is not ingratitude. It must be serious misconduct against good morals.

Can I revoke a gift after ten years?
Only if the ingratitude occurred later, and you must act within one year of learning about it.

What if the donee already sold the gift?
They must return what remains of the enrichment. If they deliberately prevented return, the court may order repayment of the full value.