Gift inter vivos

(redirected from Inter Vivos Transfer)
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GIFT INTER Vivos. A gift made from one or more persons, without any prospect of immediate death, to one or more others.
     2. These gifts are so called to distinguish them from gifts causa- mortis, (vide Donatio causa mortise,) from which they differ essentially. 1. A gift inter vivos, when completed by delivery, passes the title to the thing so that it cannot be recovered back by the giver; the gift causa mortis is always given upon the implied condition that the giver may, at any time during his life, revoke it. 7 Taunt. 231; 3 Binn. 366. 2. A gift inter vivos may be made by the giver at any time; the donatio causa mortis must be made by the donor while in peril of death. In both cases there must be a delivery. 2 Kent's Com. 354; 1 Beav. R. 605; 1 Miles, R. 109.

References in periodicals archive ?
When the result of undue influence is an inter vivos transfer or gift, however, the courts have failed to clearly describe the various factors that tend to prove (or refute) an undue influence case.
Subsection 73(4): Inter vivos transfer of family farm corporations and partnership.
The question about making an inter vivos transfer could be considered as an additional proxy for wealth or that altruism or exchange motives exist.
A donor cannot allocate GST exemption to an inter vivos transfer (a transfer the donor makes during his lifetime) if the property would be included in his or her spouse's gross estate (other than under IRC section 2035) if the donor died immediately after the transfer.
The Tax Court explained that this ignored the premise of the QTIP regime, under which the surviving spouse is treated as receiving the entire QTIP from his or her spouse and then transferring it either at death or in an inter vivos transfer.
Attorneys often allege undue influence to challenge the validity of a decedent's will, trust, or inter vivos transfer.
The Ninth Circuit, affirming the Tax Court, has ruled that the full fair market value of residential property must be included in the decedent's gross estate, finding that the decedent retained income and economic enjoyment from the property and that the inter vivos transfer of the property was not a bona fide sale for adequate and full consideration under Sec.
2036(a)(1) returns an inter vivos transfer to a decedent's gross estate if there is an express or implied agreement at the time of transfer that the transferor will retain lifetime possession or enjoyment of, or right to income from, the transferred property; see Regs.
2523(f) provides a similar provision for an inter vivos transfer of property.
2035(b), the amount used to pay the gift tax on an inter vivos transfer will not be subject to transfer tax, if the donor survives the transfer by three years.
The Tax Court refused to allow the discount, concluding that the sole purpose of the inter vivos transfer was to reduce estate tax and that the transaction lacked economic substance.
of Kohlsaut,(16) the decedent had made an inter vivos transfer of a commercial building to an irrevocable trust, and granted 18 beneficiaries (16 contingent) unrestricted rights to demand immediate distributions of trust property.

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