It is common for elderly people to become dependent on the care of others. Sometimes this care is provided by family members, but neighbours or friends may also take on this role. In such situations, gratitude can lead to large gifts being made. But what if the donor is vulnerable and the other person exercises undue influence as a result?

On 9 July 2025 (ECLI:NL:RBROT:2025:9724) , the District Court of Rotterdam ruled on this subject. In this article, we discuss what abuse of circumstances in gifts entails, how the court assesses this and what you can do in practice to prevent or address problems.

What is abuse of circumstances?

Abuse of circumstances means that someone induces another person to perform a legal act – such as making a gift – while knowing or having to understand that the other person is unable to decide freely due to special circumstances. Examples include dependency, mental limitations or a relationship of care and trust.

Typical situations are:
-elderly people who are dependent on one person due to illness or cognitive decline;
-informal carers or neighbours who have access to bank cards and administration;
-long-term friendships in which one party takes on more and more care tasks.

In such cases, a gift may be voidable.

The law and abuse of circumstances

The legal basis for this is found in Article 3:44 of the Dutch Civil Code. This states that a legal act is voidable if it has been brought about by abuse of circumstances.

In addition, a special rule applies specifically to gifts: Article 7:176 of the Dutch Civil Code. This means that the recipient must prove that there was no abuse of circumstances if it is plausible that the donor was in a dependent or vulnerable position.

In other words, in case of doubt, the burden of proof is reversed. The recipient of the gift must then demonstrate that the gift was made freely and consciously.

The case before the Rotterdam District Court

The recent Rotterdam case centred on a man who had struggled for years with alcohol addiction, severe neglect and cognitive disorders. He was placed under guardianship in 2023.

A neighbour took intensive care of him and did his shopping and housework. In the period 2020-2021, she received more than €98,000 in gifts from him. After the guardian was appointed, he demanded the amount back on the grounds of abuse of circumstances.

Witness statements:
-The neighbour claimed that the man wanted to give away his money of his own accord, because he would not be able to spend it anyway.
-The general practitioner and a geriatric specialist described severe neglect, cognitive disorders and incapacity.
-The court did not consider the statements of the neighbour's family members to be credible, as they had a direct interest in the outcome.

.The court's ruling:
-the man was heavily dependent on the neighbour;
-he suffered from cognitive impairment and severe addiction;
-the neighbour withdrew large sums of money, even without him;
-it had not been sufficiently demonstrated that the gifts had been made freely and consciously.
.
.The gifts were therefore annulled. The neighbour must repay €98,039.70, plus statutory interest from the date of each gift. She was also ordered to pay the legal costs of almost €7,000.

Case law in perspective

This ruling is in line with previous case law in which courts strictly assess whether a vulnerable elderly person is making a deliberate gift.

-In similar cases, it has always been emphasised that the burden of proof lies with the recipient of the gift (Section 7:176 of the Civil Code).
-Medical records and statements from independent doctors often carry more weight than subjective statements from family members or the beneficiary themselves..

The case shows that judges take a very critical view of gifts made in a context of dependency.

Practical advice

If you want to prevent or resolve problems relating to gifts, please note the following points:
-Record gifts in writing: have a solicitor draw up a gift agreement or a notary draw up a deed of gift, especially for large amounts.
-Ensure medical substantiation: have it recorded that the donor is mentally competent, especially in the case of elderly or sick persons.
-Avoid relationships of dependency: as a carer or neighbour, be cautious about accepting large gifts.
-Check bank access: only grant access to bank accounts if strictly necessary and record any agreements in this regard.
-Guardianship or administration: if there is any doubt about mental capacity, guardianship or administration can be requested in good time to prevent abuse.
-Consult a solicitor: in case of doubt or conflict, legal advice can save a lot of problems and high costs..

Conclusion

The ruling of the Rotterdam District Court of 9 July 2025 emphasises that gifts to a dependent or vulnerable person can easily be declared void. It is not only a question of whether someone is formally competent, but also whether they were actually able to decide freely due to circumstances.

For recipients of gifts, the following applies: be alert and transparent, and ensure clear documentation. For family members and curators: be aware that the law offers strong protection against financial abuse of vulnerable persons.

Need assistance?

Are you dealing with a gift that appears to have been made under pressure, or do you want to be sure that a gift is legally valid? Please contact Angelique van den Eshoff of SPEE Solicitors & Mediation. As an experienced inheritance and family law solicitor, she assists clients in complex matters relating to gifts, capacity (or lack thereof) and guardianship.