Gifting as an estate planning tool or as a way of assisting children into the property market is increasingly common.
This session will look first at what needs to be done to make a valid gift and issues such as the mental capacity to do so.
It will 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.
This webinar is based on the session on gifting at Cradle to Grave 2019.
- 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.
Who should attend?
All lawyers involved in trusts, property, estate planning and the administration of estates.
Alison Gilbert leads Brookfields Lawyers Private Client team. She provides specialist legal advice on estate planning, estate administration, the establishment and management of trusts (both private and charitable) and related asset management structures, relationship property and incapacity law.
Alison has been ranked in the 1st band as a private client lawyer in the Chambers & Partners High Net Worth 2018 Guide.
Alison is chair of the New Zealand branch of STEP, a member of the STEP Mental Capacity SIG Global Steering Committee and is also the lead author of LexisNexis Succession – Practical Guidelines.