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Irrevocable Inter Vivos Deed Of Gift

Irrevocable Inter Vivos Deed Of Gift Template for Canada

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Key Requirements PROMPT example:

Irrevocable Inter Vivos Deed Of Gift

"I need an Irrevocable Inter Vivos Deed of Gift to transfer my vacation property in British Columbia to my daughter, with the transfer to take effect on March 15, 2025, including specific provisions for existing tenant agreements and property maintenance responsibilities."

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Document background
The Irrevocable Inter Vivos Deed of Gift is a crucial document in Canadian property law used when an individual or entity wishes to make an immediate, permanent, and legally binding gift of property to another party during their lifetime. This document is particularly relevant in estate planning, charitable giving, and family wealth transfer scenarios. It must comply with both federal Canadian law and specific provincial requirements regarding property transfer, capacity, and execution. The deed includes detailed information about the gifted property, clear statements of the donor's intention, confirmation of delivery and acceptance, and necessary tax considerations. Unlike a will or revocable gift, once executed, this deed cannot be reversed or modified, making it a powerful tool for definitive property transfers but requiring careful consideration before execution.
Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of the donor and donee

2. Background: States the context and relationship between parties, and donor's ownership of the gift property

3. Definitions: Defines key terms used in the deed including 'Gift Property', 'Effective Date', and other relevant terms

4. Declaration of Gift: Clear statement of donor's present intention to make an immediate, voluntary, and irrevocable transfer of the property

5. Description of Gift Property: Detailed description of the property being gifted, including any identifying features, serial numbers, or legal descriptions

6. Delivery and Acceptance: Confirmation of the physical or constructive delivery of the gift and the donee's acceptance

7. Donor's Warranties: Warranties regarding ownership, right to transfer, and freedom from encumbrances

8. Irrevocability: Express statement that the gift is irrevocable and cannot be revoked by the donor

9. Execution: Formal execution clause, including date and signature requirements

Optional Sections

1. Tax Acknowledgments: Section addressing tax implications and responsibilities - include when gift has significant tax consequences

2. Conditions Precedent: Any conditions that must be met before the gift becomes effective - include only if there are specific prerequisites

3. Registration: Requirements for registration of the transfer - include when gift involves real property or registrable assets

4. Governing Law: Specification of applicable provincial law - include when parties are in different provinces

5. Independent Legal Advice: Acknowledgment of receiving independent legal advice - include for high-value gifts or complex situations

6. Family Law Acknowledgments: Statements regarding matrimonial property rights - include when gift involves family property or marital assets

7. Future Interests: Description of any retained or future interests - include when donor retains any rights in the property

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of the gift property, particularly for real estate or complex assets

2. Schedule B - Property Registration Details: Registration numbers, titles, or other formal identifiers of the property

3. Schedule C - Photographs or Diagrams: Visual documentation of the gift property, particularly for unique or valuable items

4. Schedule D - Valuation Report: Professional valuation of the gift property for tax or insurance purposes

5. Appendix 1 - Related Documents: Copies of relevant certificates, titles, or other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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