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Contract of Lifetime Support and Contract of Maintenance

Meaning and Validity Requirements

In contrast to a gift contract and a typical contract of transfer, a contract of lifetime support establishes a bilateral contractual relationship between the parties. Both parties are simultaneously debtors and creditors.

The contracts must be concluded in the form of a notarial deed; otherwise, they are invalid. A lawyer prepares the draft of the contract and submits it to the notary for certification in the form of a notarial deed.

A contract of lifetime support is a contract with certain elements of inheritance law and is an aleatory contract. This means that it represents a certain financial risk for the supporter. At the time of conclusion, the supporter does not know whether they will actually have to fulfill the obligation of support assumed by the contract, to what extent (e.g., how long they will have to support the supported party), or not at all.

The scope of benefits and services can significantly change depending on the changes in the supported party's health condition. Other unforeseen circumstances can also affect the extent of the supporter's contractual obligations. For these reasons, in an aleatory contract, the equivalence of benefits is not important, and the inequality of benefits cannot be contested in the probate process.

With a contract of maintenance, the owner of assets transfers ownership rights to all or part of their assets to another person, who is not necessarily a relative, for the duration of their lifetime. They also reserve a life estate and the right to receive care, support, and assistance in case of illness and old age from the recipient. The contract can be considered a remunerative legal transaction because the recipient "repays" the assets received from the owner with their obligations towards the owner. The transferred assets do not become part of the owner's estate, and the owner's heirs cannot claim a compulsory share from this property.

A contract of lifetime support is substantially similar to a contract of maintenance, with the difference that the recipient (the supporter) becomes the owner of the assets only after the death of the supported party.

Invalidity due to Harm to Creditors and Deprivation of Compulsory Shares

It is not uncommon for the contracting parties of a contract of maintenance or a contract of lifetime support to pursue purposes other than the exclusive intent for which the contracts are intended, which may be impermissible.

For example, the contracting parties may seek to deprive the supporter of valuable assets or exclude a specific compulsory heir from inheritance or completely prevent their inheritance.

Challenging the contract and proving impermissible intent in a contract of maintenance or a contract of lifetime support is extremely difficult and time-consuming, which can further motivate the inclusion of various purposes in the contract.

For more detailed information about the contract of lifetime support and contract of maintenance, please refer to the articles and questions and answers below.

Attorney Jurij Kutnjak from Slovenia, Maribor offers comprehensive legal assistance in inheritance and handling all inheritance law issues: from drafting wills and concluding contracts with inheritance law elements (contract for life interest, contract for lifetime support, handing over contract) to representation in probate proceedings and possible litigation related to the estate or inheritance throughout Slovenia.

To schedule a consultation regarding inheritance and representation in the probate process, call attorney Jurij Kutnjak during business hours at the phone number 00 386/2/25-23-780 or send an email to info@odvetnik-kutnjak.si.

Legal Documents:

e-forms
authorization for representation
will, revocation of will, inheritance statement, renunciation of inheritance, proposal for the issuance of a European certificate of inheritance

Legislation:

 

Judicial Practice:

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