Giving it Away Before Death: The Ins and Outs of Gifting

Author(s): compilation of papers


Materials comprised of a paper and a PowerPoint handout


Alison Gilbert, Partner, Brookfields


Gifting as an estate planning tool or as a way of assisting children into the property market is increasingly common.

These materials look first at what needs to be done to make a valid gift and issues such as the mental capacity to do so.

They also focus on how to deal with undue influence from family members wanting gifts made in their favour and issues that arise in respect of relationship property, the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949.

Based on the session on gifting at Cradle to Grave 2019.

These materials will help you

  • Learn more about the requirements for making a valid inter vivos gift including the intention of the donor, the acceptance of the donee and delivery, whether actual or constructive, of the property to the donee and what happens in the case of an imperfect gift.
  • Understand better the issues relating to the forgiveness of debt and the differences between forgiveness inter vivos and testamentary forgiveness.
  • Gain insights into ways of challenging a gift after the donor’s death including undue influence and relevant statutes. 

Intended audience

All lawyers involved in trusts, property, estate planning and the administration of estates.

Publication dateSeptember 2019
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: W0251/P
ADLS Members $ 21.74
Non-Members (lawyer) $ 30.43
Non-Members (public) $ 30.43
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