What is a bank gift?
A bank gift is an example of an indirect gift/donation. This donation allows you to transfer funds as a gift via a bank transfer from one account to another. No notary is required and therefore there is no authentic deed. This means you can avoid significant costs.
Tax nuance (Belgian law): if the bank gift is not registered, inheritance tax may become relevant if the donor dies within the applicable “suspicion/survival period” (3 or 5 years, depending on the Region and the date of the gift).
Need more info? (in dutch)
Read our Wanted Facts here about the bank gift as a tool for wealth planning.
The pacte adjoint
It is recommended to always draw up a written document for a bank gift: the pacte adjoint. This document is signed by both the donor and the donee. A private (underhand) deed is sufficient. You do not need to consult a notary.
The document serves as proof of the gift itself, and also of any burdens and conditions attached to the gift. Think of a contractual right of return, an alienation ban, (non-)bringing into account, etc.
When a condition or burden is attached to a gift, it is advisable to send a letter of intent to the beneficiary before making the transfer. In this letter, you indicate your intention to make the gift and you can specify under which conditions or burdens you want the gift to be carried out.
This is why it is not possible to add a contractual right of return after the gift has been made. Such a clause requires the donee’s prior agreement; at the very least, the donee must have agreed before the gift was executed.
The document also fixes the date of the gift. This can be important in the context of the applicable suspicion/survival period (3 or 5 years, depending on the Region and the date).
Need a pacte adjoint? (in dutch)
Your Wanted Lawyer has already drawn up an pacte adjoint for you in the form of a smart document. This ensures that all necessary information is included in the document.
Please note: this document must be signed before transferring the sum of money!
Have you already transferred the money? (in dutch)
Wanted Lawyers has ensured that you can take care of everything here as well. Create your smart letters here in one go, including a registered declaration and acceptance of the bank gift.
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