Lifetime Support Contract and Until-Death Support Contract – Differences, Risks and Legal Advice

14/01/2026

A lifetime support contract and an until-death support contract are commonly used in Croatia as a way to secure care and support in old age, as well as a legal mechanism for transferring property. Although they may appear similar at first glance, the differences between these two contracts are substantial, and choosing the wrong one can result in serious legal and financial consequences.

In this article, we explain:

what a lifetime support contract is
what an until-death support contract is
the key differences between these two contracts
the most common risks and legal pitfalls
why consulting a lawyer before signing is essential

What Is a Lifetime Support Contract?

A lifetime support contract is regulated by the Croatian Obligations Act. Under this contract, the provider of support undertakes to care for and support the recipient until the recipient’s death, and in return acquires ownership of the agreed property (most often real estate) only after the recipient’s death.

Key characteristics

transfer of ownership occurs after the recipient’s death
the recipient retains ownership and possession during their lifetime
the property does not form part of the estate
the contract must be executed in a special legal form (before a court or notary public)

This type of contract is generally considered safer for the recipient of support, as they retain full control over their property throughout their lifetime.

What Is an Until-Death Support Contract?

An until-death support contract also provides for support until death, but with one crucial difference – ownership of the property is transferred immediately upon signing the contract, not after death.

Key characteristics

ownership is transferred to the support provider immediately
the recipient often retains a right of residence, but is no longer the owner
significantly increased risk for the recipient
the contract must be solemnised before a notary public

Due to the immediate transfer of ownership, this type of contract carries considerably higher legal and personal risks, especially for elderly and vulnerable persons.

Differences Between a Lifetime and an Until-Death Support Contract

Contract Type	Transfer of Property	Level of Risk
Lifetime support	After the recipient’s death	Lower
Until-death support	Immediately upon signing	High

The most important difference lies in the moment when ownership is transferred, which directly affects the legal security of the recipient of support.

Risks and Legal Pitfalls – What Should You Watch Out For?

1) Loss of control over property

In an until-death support contract, the recipient may lose effective protection if the support provider fails to fulfil their obligations.

2) Difficulties in terminating the contract

Termination of either type of contract usually requires court proceedings and is often lengthy, costly and uncertain, particularly where evidence of non-performance is limited.

3) Abuse and undue influence

In practice, there are cases where elderly persons are insufficiently informed or misled about the legal consequences of the contract, especially in until-death support arrangements.

4) Disputes with heirs

Although the property does not form part of the estate, heirs sometimes initiate court proceedings, questioning the validity of the contract due to alleged incapacity, fraud or coercion.

Why Is Legal Advice Essential?

Support contracts are among the most legally sensitive and risky legal transactions, particularly when valuable real estate is involved. Before signing, it is essential to:

thoroughly analyse the personal and financial situation of the parties
clearly define the scope and manner of support obligations
assess legal and potential tax consequences
avoid unfair or harmful contractual clauses

There is no one-size-fits-all solution – every case requires an individual legal assessment.

Need Legal Advice? Contact Us with Confidence

If you are considering entering into a lifetime support contract or an until-death support contract, or if you already have a signed contract and are unsure about your rights, timely legal advice can prevent serious legal and financial consequences.

Law Office Andrej Bašović provides: