Define: Inter Vivos Gift

Inter Vivos Gift
Inter Vivos Gift
Quick Summary of Inter Vivos Gift

An inter vivos gift refers to the act of giving something to another person without any expectation of receiving something in return. This can include items such as money or toys. Once the gift is given, the giver cannot retract it. It is distinct from a gift in a will, which is given after the giver’s death. Additionally, a gift can be given to a group of individuals, such as all the grandchildren in a family. Once the gift is received, it becomes the property of the recipient, who has the freedom to utilise it as they see fit.

Full Definition Of Inter Vivos Gift

An inter vivos gift, also known as a lifetime gift or absolute gift, refers to the voluntary transfer of property from one person to another without compensation during the donor’s lifetime. The donor’s intention is to permanently relinquish control over the property, which must be accepted by the recipient after being delivered by the donor. Examples of inter vivos gifts include a parent giving a car to their child as a birthday present, a friend giving a piece of jewelry to another friend as a token of appreciation, and a grandparent giving money to their grandchild to assist with college expenses. These examples exemplify the concept of an inter vivos gift as they involve the voluntary transfer of property without compensation during the donor’s lifetime, with the donor intending to give up control and the recipient accepting the gift.

Inter Vivos Gift FAQ'S

An inter vivos gift refers to a gift that is made during the lifetime of the donor, as opposed to a gift made through a will after the donor’s death.

For a valid inter vivos gift, there must be an intention by the donor to make a gift, delivery of the gift to the recipient, and acceptance of the gift by the recipient.

In general, an inter vivos gift cannot be revoked once it has been completed. However, there may be certain circumstances where revocation is possible, such as if the gift was made under duress or fraud.

While some gifts can be made verbally, an inter vivos gift typically requires some form of delivery or transfer of the gifted item or property. Therefore, it is advisable to have a written record or documentation of the gift.

Yes, an inter vivos gift can be made to a minor. However, in such cases, a guardian or trustee may need to be appointed to manage the gifted property until the minor reaches the age of majority.

In some jurisdictions, inter vivos gifts may be subject to gift taxes. It is important to consult with a tax professional or attorney to understand the tax implications of making an inter vivos gift.

Yes, an inter vivos gift can be challenged in court if there are allegations of undue influence, lack of capacity, or fraud. It is advisable to consult with an attorney if you believe a gift is being wrongfully contested.

Yes, an inter vivos gift can be made conditional upon certain events or circumstances. However, the conditions must be clearly stated and not violate any laws or public policy.

Yes, an inter vivos gift can be made jointly with another person. This is often done through joint ownership or joint bank accounts, where both parties have equal rights to the gifted property.

Yes, an inter vivos gift can be made to a charitable organisation. Many individuals choose to make inter vivos gifts to charities as a way to support causes they care about during their lifetime.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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