Drafting proof of a gift: what belongs in it?

Proof of a gift - sometimes still called a “deed of gift” or, in Belgian legal shorthand, a “donation proof” - confirms that a gift took place. It is not a formal notarial donation deed: a bank gift or hand gift is legally distinct from a donation made through a notary, and the document itself only confirms a gift that already happened - it never carries out the gift itself. Below is what belongs in such a document.

What proof of a gift is - and is not

Proof of a gift is not a donation deed. It does not create the gift itself - that happens through the transfer (bank gift) or the physical handover (hand gift) - the document confirms afterward that the gift took place, between whom, for what amount or item, and on what date. That distinction is precisely why a bank gift or hand gift never requires a notary, while a gift of immovable property, such as a house, always does.

What should it contain?

• Identity of both parties: the name and address of the giver and the recipient.
• Date of the gift: when the transfer or handover actually took place - this cannot be in the future.
• Amount or description: the amount for a bank gift, or a clear description of the item for a hand gift.
• Confirmation that nothing was given in return: the core of a gift is that there is no consideration.
• Acceptance by the recipient: ideally through a co-signature, or otherwise confirmed by the giver.

Why a signature from both parties is stronger

A document signed only by the giver is a one-sided statement: it proves what the giver says, not what the recipient acknowledges. If the recipient co-signs, both parties confirm the same facts - that makes the proof considerably more defensible, for example toward the tax authorities or in a later inheritance dispute between heirs.

Why a qualified electronic signature (QES)

An ordinary Word document that you sign yourself does not prove when it was signed or that the signature is genuinely yours. A qualified electronic signature (QES) via itsme or the Belgian eID solves both problems: it confirms the identity of the signer and records a verifiable timestamp. Under the European eIDAS regulation, a QES carries the same legal weight as a handwritten signature across the entire EU.

Draft it yourself, use a template, or use a platform?

A handwritten or self-typed letter can serve as proof, but usually lacks several of the elements above, and a signature on paper is not dated in a way that can be verified afterward. A notarial deed is the other extreme: stronger proof, but with cost and time that a bank gift or hand gift rarely needs. A platform such as Donatio sits in between: the document automatically includes all required elements and is signed with a QES via itsme or eID, with an audit trail as evidence.

Also read whether you should register a gift, and what the costs and risks of doing so are.