COST ESTIMATES
Gifting immovable property
Estimate the costs of a real estate gift.
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To begin with
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You want to help someone now. But can you afford the money if your own care costs increase? Start with what you yourself need. Only then consider what you want to gift.
"Helping is only sustainable when it respects both the needs of the other and your own responsibility."
Your questions, step by step
You want to mean something to your loved ones and at the same time preserve your own security. We help you consider both wishes together.
Why do I go to the notaire for this?
The civil-law notary compares what a gift means for you and the recipient. Money, shares and real estate each require an appropriate form.
A notarial deed is required for real estate.
How can I give something without losing my own security?
First determine your own needs for housing, income and care.
Discuss which asset you are giving, to whom and under which conditions.
Have form, tax and consequences for other heirs assessed before the transfer.
How does this proceed and how long does it take?
There is no fixed general preparation period. Property searches or an appraisal can take time.
For a bank gift, the date, evidence and possible registration are important.
Which documents should I provide to the notaire?
Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.
Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
Where can I find this?
Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.
Where can I find this?
Request the most recent version from your accountant or company manager. Add changes and attachments; the office determines which additional reports are needed.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
These check marks only remain on the opened page and are not sent to the office.
Request help with missing documentsWhat does the notaire do and investigate?
- Are you the owner and can you gift the assets?
- Which form, conditions and registration apply?
- What are the consequences for other heirs and the tax?
- Do you retain sufficient means and the desired protection?
We agree on which searches the office will conduct and which information you, your bank or another expert will provide.
What should I pay attention to before I sign?
Check what you transfer definitively and which income or rights you keep. Ask what happens in case of the recipient's earlier death or a later sale.
Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.
What else must I arrange afterwards?
Keep deed, bank proofs and conditions together. Follow up the agreed registration and report the gift in later estate planning.
Which practical tips can help me?
Have the arrangement reviewed before you transfer funds. A later text cannot simply add new conditions to a gift already executed.
What do these words mean?
- Donor
- the person who gives away an asset.
- Donee
- the recipient of the gift.
- Usufruct
- the right to use an asset or receive income from it.
Where can I find more explanation or help?
You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.
We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.
Ask your question to the officeMake an AppointmentGeneral explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
Gift in plain language
01
You already pass on money or an asset now. That changes ownership and in principle is not easily reversed.
When gifting, something passes today from your assets to those of the recipient. That is the difference with a will. You can agree on certain conditions, but they do not make the gifted asset available to you again.
Where does this protection end?
Retaining usufruct may give you use or income, but not automatically all decision-making power. A breakup or death does not always undo a gift. The conditions must suit those situations beforehand.
Relate it to your life: What amount can you spare if your life turns out differently than you expect today?
What exactly do I give up?
02
In a gift you transfer assets during your lifetime without asking for an equivalent return. The recipient is called the donee (the person receiving the gift). Unlike a will, the transfer is not deferred until your death.
“Given is given” is the starting point. Regret, quarrel or a later need for money do not suffice to reverse every gift. There are legal exceptions and possible conditions, but these must not be presented as a general right to reclaim everything.
If you gift with reservation of usufruct, you can for example retain use or income. Bare ownership goes to the recipient. Have it explained who may sell, which costs each party bears and what happens with the sale price. Retaining income does not automatically mean you alone keep full ownership control.
A burden is an obligation for the recipient, for example an agreed payment to you. That agreement must be feasibly and enforceably elaborated. A promise of future support is not the same as retaining sufficient available means yourself.
What happens if I or the recipient separate?
03
If your own relationship ends, that breakup does not automatically undo a previously made gift. Certain gifts between spouses outside their marriage contract are specially revocable. Have it determined if your gift falls under that exception. That exception does not simply apply to gifts to a child or an unmarried partner.
If a married child receives a gift, it normally belongs to his or her own assets. But what happens afterwards with the gifted asset is important. It may be included in marital community property or used for a joint home. That can raise new questions about ownership and compensation in divorce.
A valid prohibition against making the gifted asset community property can be discussed. Proof of money flows remains necessary as well. A condition on paper does not automatically determine who owns a later-purchased home.
If you gift community property, the powers of both spouses are also relevant. Being able to technically make a bank transfer does not mean you can legally decide alone about that gift.
What if the donor or the recipient dies first?
04
If the donor dies, the gifted assets are in principle already transferred. Yet the gift may still count to calculate the rights of heirs. Contribution means that a prior gift is taken into account to settle between heirs. Reduction is a possible decrease if a protected portion of the inheritance is affected. Those are different issues.
If the recipient dies first, the asset does not in all cases automatically return to the donor. The law knows a limited right of return under conditions. An agreed return clause may be differently elaborated. Have it recorded at which death it applies, whether the recipient may leave children, and what happens if the asset has been sold or replaced.
A return clause is not a free withdrawal right for the donor. It applies on the described event. In addition, tax must be considered. An unregistered gift may still incur inheritance tax if death occurs within the applicable period; the date of the gift and the applicable region are therefore important.
What does this mean in your situation?
05
Select your situation. You will find two fictional examples each time. They illustrate which questions matter; your own documents, family and assets will determine the outcome.
YOUR SITUATION
Single
You can help children, family, friends or others. Your own housing and care budget remains the starting point.
Example 1: How much can I afford to give away?
A single person wants to help her daughter with a house purchase. Her pension covers the usual expenses, but potential care costs have not yet been considered.
What happens in practice?
For this mother, gifting starts with a simple question: what must remain available to me? Besides the pension, unexpected maintenance, home help and possible care costs count as well. Only with that overview can she determine what she can afford to give away. The amount she gifts then in principle belongs to her daughter. A tax advantage does not make the money available again if she needs it herself.
Example 2: What if my son dies before me?
A father wants to gift money to his son but wonders where the money ends up if the son dies first.
What happens in practice?
The father can agree at the time of the gift that the gifted amount will return to him under certain conditions if his son dies earlier. This is called a conventional return clause: an agreed return. The deed must specify when it applies, whether children of the son make a difference and what happens if the money is already spent. It does not give the father a general right to change his mind at any time.
What does this mean for your choice?
An amount given to one child can later affect the distribution between children. Record whether it is an advance on inheritance or outside that.
To pause and consider
What was given earlier and what do you want to keep available for yourself?
YOUR SITUATION
De facto cohabiting
A gift can help your partner now. However, by giving away ownership today; cohabiting does not make that temporary.
Example 1: My partner contributes to my home. Is that a gift?
Jens owns the home. His partner pays for a major renovation. Neither discussed whether the money must be repaid.
What happens in practice?
Jens and his partner must first have the same understanding. If the money must be repaid later, a clear loan agreement is obvious. If repayment is not intended, it could be a gift or another contribution. If the partner wants to become co-owner, that requires a transfer of rights in the property. Simply paying the contractor does not change the deed of ownership.
Example 2: Can I give my partner an amount without disadvantaging my children?
A cohabiting parent wants to financially help the partner and has two children.
What happens in practice?
The parent can help the partner during their lifetime but must also consider what the children are legally entitled to. Previous gifts can count in that calculation. Therefore, we review the amount alongside the total assets and own future expenses. The question of how much tax is due comes afterwards: a favourable rate does not mean the gift does not affect the children.
What does this mean for your choice?
A breakup does not automatically reverse an ordinary gift. Discuss beforehand what you want to arrange for that situation.
To pause and consider
Is it really your intention to give something away, or do you expect repayment later?
YOUR SITUATION
Legal cohabitation
Legal cohabitation does not turn a gift into a freely revocable arrangement.
Example 1: May my partner continue to live in the gifted home?
An owner wants to gift rights in a home to the legally cohabiting partner.
What happens in practice?
It makes a difference whether the partner receives full ownership or only certain rights. Someone who receives only usufruct may use the property and receive income; someone else can hold bare ownership. For real estate a notarial deed is required. This can also clarify who bears costs and what happens in case of separation or death.
Example 2: Can we jointly gift to one child?
A couple wants to help a child of one of them. The money partly comes from a joint account.
What happens in practice?
A joint account can hold money that legally is not in the same proportion of both partners. Therefore, it is first investigated whose money it is and who wants to give something to the child. Only then can the gift be properly recorded. This distinction can also affect tax and what later must be settled between heirs.
What does this mean for your choice?
Tax partnership rules and the civil-law consequences of gifting are not the same.
To pause and consider
Whose gifted assets are these and what conditions do you want to attach?
YOUR SITUATION
Married under the statutory regime
In the statutory regime it matters whether you gift own or joint property.
Example 1: Can I gift money only from our joint account?
A parent wants to give a large amount to a child out of the joint savings.
What happens in practice?
If the money belongs to the joint matrimonial assets, you in principle decide together on the gift. That the bank allows one partner to make the transfer is different from the right to decide alone on the gift. So discuss together the amount, the recipient and what you want to keep available.
Example 2: I gift a property but keep the rent. What changes?
A couple wants to gift a rented apartment to the children while retaining usufruct.
What happens in practice?
The parents retain use and rental income. The children become bare owners: they have ownership but not yet the use, which remains with the parents. As a result, the parents cannot decide everything as before the gift. Normally, selling full ownership also requires the children’s cooperation. Also specify who bears maintenance and other costs.
What does this mean for your choice?
Origin, ownership and any consent requirements must be established before the gift.
To pause and consider
Which assets are personal, which are joint, and who wishes to retain which right?
YOUR SITUATION
Married with separation of property
You generally give from your personal assets. Nevertheless, family protection and inheritance law limits remain relevant.
Example 1: Can I gift my own money to my children?
A parent with separation of property wants to gift their own savings.
What happens in practice?
The fact that this parent's savings are solely theirs makes clear who is making the gift. Other questions remain: does the parent keep enough for themselves, what have the children already received, and are protected portions of inheritance affected? A gift to one child may later affect accounts with the other children. The matrimonial property regime does not resolve these questions.
Example 2: Can I give a gift to my spouse?
A spouse wishes to give personal assets to the other to reduce a financial disparity.
What happens in practice?
A gift transfers ownership to the receiving spouse today. For certain gifts between spouses outside their matrimonial agreement, there is a special possibility to revoke them. This exception does not generally apply to gifts to children. Therefore, have advice on whether this specific gift can be reversed and what that means if the relationship changes later.
What does this mean for your choice?
Giving money to your spouse transfers ownership today. Bringing certain assets under a joint regime in your matrimonial contract or agreeing on additional rights upon death may work differently. Therefore, first obtain an explanation of when you want to make a change and what freedom you wish to retain.
To pause and consider
Do you want to transfer ownership immediately, or primarily arrange protection upon death?
What do I consider before I make a gift?
06
- First, make your own budget.
Include not only ordinary monthly costs but also home maintenance, higher care expenses and a reserve for unexpected costs.
- Choose consciously between ownership and income.
Ask with a concrete example what you will still be able to do alone after the gift and for what the recipient must cooperate.
- Consider all children together.
Record earlier assistance, loans and gifts. Specify whether a new gift is intended as an advance on inheritance or outside the inheritance.
- Track the gifted money.
Keep transfers, gift documents, and purchase deeds if the money goes to a home or investment.
- Discuss the difficult sequence.
What must happen if the recipient dies first, divorces, or acquires debts? Not every wish can be solved with the same condition.
What do I ask the notaire?
07
You do not need to memorise these terms. Bring the questions that suit you. Feel free to ask to see the answer with your own home, your money and the people you want to protect.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
What must I keep available myself for housing and care?
Include your income, fixed costs and reserves. The gift must fit with what you can afford to give.
What exactly do I give up and what can I still decide afterwards?
Have advice on whether you keep income, who may sell, and whether you need others for that.
What happens if the recipient divorces or dies before me?
Ask which conditions are appropriate and what they actually protect.
How will this gift later count for my other children?
Have explained the difference between an advance on inheritance and a benefit outside it, with the limits.
The details that make a difference.
FOR THOSE WHO WANT TO READ FURTHER
View the conditions, possible variants and legal basis for your question.
What changes with a gift?
What you give becomes the receiver’s property. In principle, you cannot simply ask for it back. A will operates differently: it determines what a person receives only after your death.
Certain gifts between spouses outside their matrimonial contract may be specially revocable. This exception should not be applied to gifts to children or other persons.
Which options do you discuss?
Gifting in full ownership
The beneficiary receives ownership. Have it examined which conditions are sensible and valid. A gift can, for example, have consequences if the beneficiary dies or themselves experiences relationship problems.
Gifting with reservation of usufruct
You transfer bare ownership and retain the use or income within the applicable rules. This does not automatically mean you retain the same decision-making freedom as before the gift. The nature of the goods and the intended actions are important.
Gifting to one or more children
Specify whether the gift is made as an advance on inheritance or outside the inheritance. Valuation, contribution and any reduction can later affect the balance. Discuss earlier gifts together.
For now, do not gift
If your own housing or care budget is uncertain, preserving the assets can be a deliberate choice. A will can already give direction for later without transferring ownership today.
Movable and immovable property require different calculations
For registered movable gifts, in Flanders, a rate of 3% generally applies in the direct line and between fiscal partners, and 7% for others. Immovable gifts follow progressive rates and require a notarial deed.
From 1 January 2025, an unregistered movable gift may still incur inheritance tax if death occurs within five years. Older gifts and special regimes require separate checks.
What would you like to know first?
What amount can you spare, even with higher care costs? Do you want to keep income? What should happen if the donee dies before you? And how does this gift relate to what other children have already received?
Calculate first, discuss afterwards
USEFUL FOR YOUR PREPARATION
Use the official tools at Notaris.be. Cost estimates are indicative; discuss the result for your specific case.
Frequently Asked Questions
FROM READING TO PREPARATION
Already a first answer.
Must I first find all the documents?
You can already ask your question with what you have. Note which agreements you remember and what has changed since. Using the checklist on this page, you can see what to gather and what still needs to be discussed with the office.
How do I prepare a conversation with my relatives?
First explain what you want to achieve or avoid. Give everyone space to express expectations and practical limits. Note what you agree on and which questions remain open, so that the conversation also takes into account who bears the consequences.
What if I am unsure between different solutions?
Write down for each option what you hope to achieve and what you do not yet understand. Bring existing documents. The consultation is meant to compare possibilities and consequences with your own situation before making a choice.
EASY PREPARATION
A checklist for your next step
Choose your subject. You will receive a concrete list of documents with simple explanations and help with what is still missing.
Useful websites on this topic
RELIABLE CONTINUED READING
FROM FIRST QUESTION TO NEXT STEP
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First your situation
Explain what is happening, who is involved and what you want to avoid.
Weighing possibilities
We discuss your questions, the available documents and the consequences of possible choices.
Your Next Step
We record what you want to have prepared and what follow-up is appropriate.
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