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Family Gift Agreement
"I need a Family Gift Agreement to transfer my vacation property in British Columbia to my adult daughter, with the condition that it remains within the family for at least two generations and cannot be sold before January 2025."
1. Parties: Identifies and defines the donor and recipient, including their full legal names, addresses, and relationship
2. Background: Sets out the context of the gift, the family relationship, and the donor's intention to make the gift
3. Definitions: Defines key terms used throughout the agreement
4. Gift Description: Detailed description of the gift, including its nature, value, and any identifying characteristics
5. Transfer Terms: Specifies how and when the gift will be transferred
6. Tax Acknowledgments: Statements regarding understanding of tax implications and responsibilities
7. Representations and Warranties: Confirms donor's ownership and right to give the gift, and recipient's capacity to receive it
8. Irrevocability: Confirms the permanent nature of the gift and that it cannot be revoked
9. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province
10. Execution: Signature block and execution requirements
1. Conditions: Used when the gift comes with specific conditions or restrictions on its use
2. Trust Provisions: Required when the gift is being held in trust, particularly for minor recipients
3. Future Claims: Addresses potential future family law claims or estate disputes
4. Gift Purpose: Included when the gift is made for a specific purpose that needs to be documented
5. Third Party Consent: Required when the gift requires consent from other family members or third parties
6. Maintenance Requirements: Used for gifts of property that require specific maintenance or upkeep
7. Family Loan Forgiveness: Included when the gift involves forgiving an existing family loan
1. Schedule A - Gift Description: Detailed inventory and description of the gift items, including values and characteristics
2. Schedule B - Transfer Documentation: Copies of relevant transfer documents, titles, or registrations
3. Schedule C - Valuation Report: Professional valuation of the gift if required for tax purposes
4. Schedule D - Tax Elections: Copies of any tax elections or forms related to the gift
5. Appendix 1 - Photographs: Visual documentation of physical gifts where applicable
6. Appendix 2 - Maintenance Instructions: Specific instructions for maintaining gifted property if applicable
Authors
Legal Services
Financial Services
Real Estate
Wealth Management
Tax Advisory
Estate Planning
Family Services
Private Banking
Notary Services
Trust Services
Legal
Wealth Management
Estate Planning
Tax Advisory
Private Banking
Risk Management
Compliance
Family Office
Trust Administration
Document Management
Estate Planning Lawyer
Family Law Attorney
Tax Advisor
Financial Planner
Wealth Manager
Trust Officer
Private Banker
Legal Counsel
Notary Public
Estate Administrator
Family Office Manager
Property Manager
Account Manager
Financial Advisor
Tax Consultant
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