Gifting with a deed of gift
Gifting is a wonderful way to support your loved ones or a charity. Whether it's through financial means, valuable possessions or a written donation, properly documenting your gift is crucial. A donation deed or gift agreement provides clarity, legal certainty and can be fiscally advantageous. At Westvaer, we are happy to help make your donation legally watertight. Read on to discover how we can assist you in formalizing your wishes.
What is a donation deed?
A donation deed is a notarial document in which you record what you are giving, to whom and under what conditions. This document is drafted by a notary and offers significant advantages:
- legal certainty: the deed prevents ambiguity or conflicts about the donation;
- tax benefits: smart donations can save on gift and inheritance taxes;
- flexibility and rules: you set the conditions, such as when the recipient can access the donation.
Example:
You donate an amount to your child with the condition that it is used for purchasing a house, ensuring that the donation always remains part of your child's private assets.

Why opt for a donation agreement through a notary?
Although a donation often seems simple, it can quickly become complicated due to tax and legal regulations. A notary can assist you:
- in complex situations, such as donating on paper, where you make a donation without immediately having liquid funds available;
- in achieving tax benefits: the notary can advise you on tax rules and exemptions to ensure you make the most of the available opportunities;
- in proper documentation for the future: by legally documenting a donation agreement, you can prevent disputes or issues in cases of divorce, bankruptcy, or death.
At Westvaer, we have years of experience in family law and are here to help you make the right choices.
How does the donation deed process work?
The process at Westvaer is simple and fully tailored to your situation:
- introduction and advice: we discuss your wishes and goals. Do you want to donate to a child, grandchild or a charity? Is it a donation on paper or a direct transfer?
- tax assessment: we check if specific rules apply, such as the gift exemption for a primary residence or other tax conditions.
- drafting the deed: we prepare a legally sound donation deed that reflects your wishes.
- signing at the notary: the deed is officially signed, making it legally binding.
Frequently asked questions about donation deeds
Here we answer some common questions:
What is the difference between a donation deed and a donation agreement?
A donation agreement is a broader term. A donation deed refers specifically to a notarial deed, which offers greater legal certainty and tax benefits.
What does donating on paper mean?
Donating on paper involves making a donation, such as to your child, without immediately handing over the money. This is often done to save on inheritance tax. The donation is recorded in a donation deed, ensuring that the amount can be transferred at a later time.
Can I change the conditions of a donation later?
This depends on how the donation was recorded. In many cases, a donation deed provides flexibility to adjust the rules or conditions.
Do you have any other questions? Our experts are ready to assist you.
Why choose Westvaer?
- Expert advice: our notaries have years of experience with donations and other family law matters.
- Personal approach: we take the time to understand your situation and wishes.
- Transparency: clear rates and a straightforward explanation of the options.
Would you like to draft a donation deed or learn more about donating through a notary? Schedule an appointment and discover how we can assist you.