How to safely transfer housing: the Ministry of Justice explained the difference between a will, a gift, and a lifetime maintenance

The Ministry of Justice of Ukraine has explained the key differences between a life support agreement, a donation, and a will, and has also provided recommendations on how to protect yourself when transferring real estate.

The main difference between these instruments is the moment of transfer of ownership. In the case of a will, the property passes to the heir only after the death of the owner, and the document can be changed. A donation agreement provides for the immediate transfer of ownership – without preserving any rights of the donor. In contrast, a life support agreement also transfers the right immediately, but with a restriction: the new owner cannot alienate the property until the death of the alienator.

The Ministry of Justice emphasizes that a life support agreement should be as detailed as possible. It is important to clearly stipulate the terms of financial support, nutrition, medical care, household care, and even funeral expenses – this will help avoid conflicts in the future.

If the acquirer does not fulfill his obligations, the agreement can be terminated in court. In this case, the ownership right is returned to the previous owner, and maintenance costs are not compensated.

Legal regulation of such relations is carried out by the Civil Code of Ukraine and the Law “On Notaries”, which provides for mandatory notarization of contracts.

Experts advise to consult a lawyer or notary before concluding any real estate agreements, because it is precisely correctly written conditions that are the key to protecting the rights of all parties.