Title: Difference Between Gift Deed & Will
1Difference Between Gift Deed Will
Will
Gift Deed
2Introduction
Knowing the distinction between a gift deed and a
will is essential to estate planning. Although
they both deal with the transfer of assets, the
functions and situations in which they are used
differ. A WILL specifies a person's final desires
for the allocation of their assets and only takes
effect upon that person's passing.
3Will and Gift Deed What Is It?
A Will is a formal legal document that expresses
a person's desire for the disposal of their
assets and property upon death. The testator
designates an executor to oversee the execution
of the directives contained in his will.
When two donors want to exchange ownership of
personal or real estate without transferring
cash, they can do so legally with a gift deed.
4The Importance of Will and Gift Deed
Will
Gift Deed
- Knowing that their children will be looked for by
someone they trust gives them peace of mind. - A will enables sentimental or altruistic bequests
by designating particular goods or sums to be
donated to particular people or organisations.
- During their lifetime, a person can show their
generosity and support a loved one or
organization by giving a gift certificate. - It's crucial to get legal counsel before
transferring assets through a gift deed, as it
can occasionally be a clever asset protection
technique.
5Can a Will change a gift deed?
Yes, if specific conditions are met and local law
permits it, a deed of gift may be amended or
withdrawn by will. Normal conduct is
- Revocation of a will
- Clarity of intentions
- Timeliness
6Is a Will superseded by a Gift Deed?
Yes, a Gift Deed that has been properly performed
can supersede Will provisions. Gifted property
cannot be dispersed or disposed of through the
Will since it is no longer a part of the donor's
estate.
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