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Irrevocable Inter Vivos Deed Of Gift Template for England and Wales

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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 London property at 123 Oxford Street to my daughter, with completion planned for March 2025, and I want to ensure all tax implications are properly addressed."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Law of Property Act 1925: Core legislation governing property interests, including requirements for creation and transfer of property interests, formalities for deeds, and rules regarding legal and equitable interests

Law of Property (Miscellaneous Provisions) Act 1989: Specifies requirements for deed execution (Section 1) and formal requirements for contracts involving sale or disposition of interests in land (Section 2)

Trustee Act 2000: Relevant for any trust arrangements created by the gift, outlining duties and powers of trustees

Inheritance Tax Act 1984: Covers tax implications of lifetime gifts, including seven-year rule for inheritance tax and potentially exempt transfers (PETs)

Capital Gains Tax Legislation: Addresses tax implications for the donor and base cost considerations for the donee

Mental Capacity Act 2005: Ensures donor has requisite capacity to make the gift and understands the nature and effect of the transaction

Common Law Principles: Covers principles regarding delivery and acceptance of gifts, consideration, intention to create legal relations, and protections against undue influence and duress

Insolvency Act 1986: Addresses transactions defrauding creditors and transactions at an undervalue in context of insolvency

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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