Contract of lifelong maintenance, contract of subsistence and contract of delivery

It’s everyone’s wish to be able to enjoy their own assets safely and securely in old age, while at the same time ensuring a stable future for their heirs.

We advise our clients on the appropriate contracts for transferring their assets to their heirs. Our priority is to represent our clients’ interests and ensure that their rights and obligations are clearly defined.

We advise and prepare the following contracts for our clients:

  • Contract of lifelong maintenance: The grantor transfers ownership of the property on death and is guaranteed care and maintenance for the remainder of their life.
  • Contract of subsistence: Ownership of the grantor’s property is transferred to the maintaining party on conclusion of the contract, and the grantor is guaranteed care and maintenance until death.
  • Deed of conveyance or Agreement on the delivery and distribution of property: The grantor transfers the property to certain descendants and/or spouse and reserves certain rights until death.

Legal consequences of a contractual transfer:

The property received by the beneficiaries under the above-mentioned contracts does not form part of the grantor’s estate and is not taken into account in determining its value, thus ensuring clarity of ownership and avoiding possible disputes between the heirs.

In order to guarantee the obligations and rights of the grantor in certain cases, we provide for the creation of:

  • a prohibition of the disposal of ownership or encumbrance of immovable property.
  • a personal easement: for example, a usufruct, a use or an apartment easement.
  • an encumbrance.

Challenging contracts in court

We also advise and represent clients in disputes concerning the validity of such contracts, usually arising from the non-performance of contractual obligations, the manifest disproportion between the value of the property transferred and the maintenance obligations, or the legal insanity of the grantor. 

Deed of gift in the event of death

In a deed of gift in the event of death, the grantor retains ownership of certain property until death, after which it passes to the beneficiary. The grantor can stipulate in the contract that the property subject to the contract does not form a part of the grantor’s estate and is not to be taken into account in determining the value of the estate.

Krištof & Brečko Advokatura