You may be asking yourself…

• Does every gift agreement have to be in writing?

• Is a witness or email confirmation enough?

• How does it differ between movable property and real estate?

• What happens if I rely only on an oral agreement?

Clients ask me

When is a written agreement mandatory?
For the transfer of real estate or any asset recorded in a public register (such as a business share), a written form is always required. Without it, the gift is invalid and the authority (e.g., the land registry) won’t register the transfer.

And what about movable property?
For regular movable property (furniture, electronics, jewelry), the law doesn’t require a written agreement if the gift is handed over and accepted immediately. Still, I recommend at least a simple written record, especially for items of higher value.

What about money?
For small amounts of cash, an oral agreement may suffice. For larger sums (bank transfer, substantial cash), a written agreement is always advisable to avoid confusion with a loan.

Written agreement at a glance

• Real estate and public registers – written agreement is always mandatory.

• Common movable property – oral agreement + delivery may be enough.

• High-value gifts (money, valuables, cars) – written agreement strongly recommended.

• Evidence and certainty – written documents protect both donor and donee.

Main risks and common mistakes

1. Oral agreements without witnesses – very hard to prove in court.

2. Confusion between gift and loan – without a contract, disputes are common.

3. Underestimating large sums – giving money “on a handshake” often ends up in litigation.

4. Forgetting statutory exceptions – without written form, real estate gifts don’t legally exist.

Step by step

1. Define what you are giving (real estate, money, movable property).

2. Check whether the law requires written form.

3. If not, consider whether a written contract is still safer.

4. For significant gifts, consult a lawyer to avoid disputes.

Real-life example

A client gifted a friend a large sum of money. They relied only on a verbal promise, without a contract. Later, the relationship broke down, and the donee claimed it was a loan. With no written proof, the court battle dragged on for years with uncertain results. A simple written contract could have prevented it.

Why to be cautious with DIY templates

The internet is full of free gift agreement templates. The problem? They rarely address specific situations – such as high-value bank transfers, conditional gifts, or spousal consent. Don’t rely on generic forms; they may cost you more than you save.

Lawyer’s recommendation

From my experience: whenever the gift involves higher values or real estate, insist on a written agreement. Oral deals are possible but legally dangerous.

Checklist:
✅ Check whether the law requires written form
✅ Even with movables, consider a written document
✅ For large sums or assets, always put it in writing
✅ If unsure, consult a lawyer

FAQ

Is an email enough as proof of a gift?
It depends, but by itself, an email won’t replace a valid written agreement.

Can a gift contract be handwritten?
Yes, a handwritten contract is valid if it includes all essential elements.

What if I give something orally and then change my mind?
Once the gift has been accepted, it can’t be taken back – only revoked under statutory conditions (e.g., for ingratitude).