Inter Vivos Legal Definition

Almost any asset can be held by a trust. Assets such as real estate, investments and business interests may be renamed in the name of the trust. Some assets, such as life insurance and pension plans, are transferred to a specific beneficiary, so they do not need to be included. Organ donation can also be considered a donation among the living. The term inter-vives is also used to describe living organ donation, in which one patient donates one organ to another while both are alive. In general, transplanted organs are either non-vital organs such as corneas or superfluous vital organs such as one of the two kidneys or part of the liver. Gifts between living persons have two main advantages: on the one hand, since the gift is given and received before death, it is not considered part of the donor`s estate and is therefore not subject to inheritance tax. Second, if the donation is given to a not-for-profit organization, the donor may receive a federal tax credit when filing a return. The term is often used to describe a trust established during one`s lifetime, that is, an inter vivos trust as opposed to a testamentary trust established after death, usually as part of a will. An inter vivos trust is often used interchangeably with the more common term living trust, but an inter vivos trust by definition includes revocable and irrevocable trusts. For a gift between living persons to be complete, the intention of the donor to deliver the object of the gift to the donee and the actual delivery and acceptance by the donee must be clearly expressed. A gift between the living is different from a gift causa mortis, which is made in anticipation of imminent death. Here are some examples of acts and objects between living persons in property law: When ownership passes by transfer, the transaction is called between living persons.

However, all property granted to living persons, including but not limited to money, land or buildings, is void if the donor remains without funds to support himself or herself and does not undertake a sufficient lifetime amount separate from the gift to support himself; provided that it does not apply to gifts that have not been expressly and expressly declared null and void by a competent administrative or judicial court within two years from the date of the donation. Gift of inter-living people is a legal and financial term that deserves to be understood. Bankrate explains it. An inter vivos trust is a fiduciary relationship used in estate planning created during the trustee`s lifetime. Also known as a living trust, this trust has a term that is determined at the time the trust is established and may include the distribution of assets to the beneficiary during or after the life of the trustee. The opposite of an inter vivos trust is a testamentary trust that takes effect upon the death of the settlor. Inter vifs means in Latin “between the living”. A gift between living persons is a legal term that refers to a transfer or gift given to someone while both the donor and recipient are alive. A gift between living persons is the opposite of a testamentary transfer, which is a gift after death. Inter vifs is a Latin expression meaning “during one`s lifetime” or “between the living”.

This term is mainly used in property law and refers to various legal actions taken by a particular person during their lifetime, such as giving, creating trusts or transferring property. A gift is considered a gift between living persons if the donor voluntarily intends to do so; the gift is free and the donor has not received anything in return; There is an irrevocable surrender by the donor of the domination and ownership of the gift. In Thakore Shri Vinayasinhji (dead). against Kumar Shri Natwarsinhji & Ors. the Supreme Court stated that “in the case of incidents of self-acquired and separate property, it follows that the holder of the indivisible estate has the unlimited right to alienate not only by transfer between living persons, but also by will. If the holder has the power to dispose of the estate during his lifetime, it would be completely illogical to claim that he does not have the power to dispose by will. These sample sentences are automatically selected from various online information sources to reflect the current use of the word “among the living.” The views expressed in the examples do not represent the views of Merriam-Webster or its editors.

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