The Irrevocable Inter Vivos Deed of Gift is a crucial instrument in English and Welsh property law, utilized when a permanent transfer of assets is desired during the donor's lifetime. It serves various purposes, from estate planning to tax efficiency and family wealth distribution. The document must be properly executed as a deed, witnessed, and delivered to be effective. Unlike a will or testament, it takes immediate effect and cannot be reversed. The deed should clearly identify the parties, describe the gifted property, and include explicit statements about the irrevocable nature of the transfer. It's particularly important to consider tax implications, including inheritance tax and capital gains tax, when executing such a deed.
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1. Date and Parties: Details of donor and donee(s), including full names and addresses
2. Background/Recitals: Context of the gift and relationship between parties
3. Definitions: Key terms used throughout the deed
4. Gift Declaration: Clear statement of what is being gifted and its irrevocable nature
5. Delivery and Acceptance: Confirmation of transfer and acceptance by donee
6. Execution: Signature blocks and witness attestation
1. Tax Acknowledgments: Section addressing tax implications of the gift, typically used for high-value gifts or where tax planning is relevant
2. Warranties: Donor's confirmations about ownership and right to give, used for valuable property or where title might be questioned
3. Trust Provisions: Terms of any trust arrangement, included when gift is to be held on trust
1. Schedule 1: Property Description: Detailed description of gifted property/assets
2. Schedule 2: Title Documents: List of relevant title documents (if applicable)
3. Appendix A: Valuation: Professional valuation of gifted assets (if required)
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