Deed of Gift

We can help you with various types of gift deeds.

Deed of gift – real property

A gift representing real propery, i.e. land with or without buildings, is only valid if you draw up a  written deed of gift. The deed of gift must contain the registration number of the property and must be signed by both the donor and the recipient. The donor’s signature must be certified by two witnesses. If the donor is married, a registered partner or a cohabitant, the spouse, partner or cohabitee must in general approve the gift and sign the deed. 

You can choose to add different conditions to the gift. You may for example decide that the gift should be the recipient’s private property and not be included in a future division of property. You may also want to keep the right of disposal of the property or let the recipient take over certain debts connected to the property. The donor can also decide that the property may not be sold without his consent. All these types of conditions must be set out in the deed.

The recipient must apply for registration of the property with the land registry.

Deed of gift - chattles

When giving a gift of chattles, for example money, stocks or objects of different kinds, no deed of gift is required in order for the gift to be valid. It can, however, be necessary to draw up a deed if the recipient want to have proof of the gift or the donor wants to attach conditions to the gift. The donor can for example decide that the gift shall constitute private property, that the gift should or should not be considered an advance on the inheritance or that the gift cannot be sold without approval of the donor.

Gifts between spouses/registered partners

A gift between spouses or registered partners is only valid against the donor’s creditors if there is a written deed of gift and the gift has been registered with the court.

Personal gifts are exempted, if the value is proportional when considering the donor’s economical situation.

Ordering a deed of gift

We would be happy to give you advice and help you draw up a deed of gift for real property, chattels or for gifts between spouses/registered partners. The deed of gift for real property is drawn up at a fixed price of 1500 SEK and if you also would like help with the registration with the land registry, the total price is 3000 SEK (the land registry's fee of 825 SEK is included in the price). If you are a married couple, the deed of gift also has to be registered with the court. The cost for this is 1000 SEK and the court fee of 275 SEK is included in the price. 

The fixed price for a deed of gift for chattels is 1000 SEK. If you also would like help with registration of a gift between spouses with the court, the total price is 2000 SEK (the fee of the court of 275 SEK is included in the price). If your matter is very complicated, it is possible that the fixed prices listed above are not applicable. In that case we will give you a new proposal for a fixed price that reflects the added complexity. Send us an e-mail and describe you matter and we will contact you as soon as possible. If you prefer to discuss your matter over phone, call us at +46(0)8 559 25 309.

This article describes deed of gift as regulated by Swedish law. It is for information purposes only, and neither contains any legal advice, nor should be construed as such. Every case depends on its specific facts, so if you are planning to prepare a deed of gift, contact us or another lawyer.