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MONETARY DEED OF GIFT

A Deed of Gift is a formal legal document used to give a gift of property or money to another person. It transfers the money or ownership of property (or share in a property) to another person without payment is demanded in return.

 

Generally, most Deed of Gift transfers are carried out between family members as property transferred in this way is usually given out of the love and affection the giver has for the recipient.

 

The person who creates and executes a Deed of Gift to transfer money or property from himself to another person is called a Donor and the person receiving the gift is called the Donee.

 

Transferring property or money by way of gift must be executed as a Deed because no consideration is given in return for the gift, thus the document has to be witnessed. Please note that the witnesses have to be disinterested parties. In other words they cannot have a stake in the transfer of the property. If a witness stands to benefit or take a loss because of the transfer of the property, then cannot be considered disinterested and cannot act as a witness.

 

A Deed of Gift can be revocable or irrevocable, conditional or unconditional.

 

This Monetary Deed of Gift template shall be used where the Donor wants to make an irrevocable and unconditional gift of money to someone else. As it is irrevocable once the Deed is signed and witnessed the Donor cannot later change his mind and reclaim the money he has transferred as the Donee takes immediate legal ownership of the gift.

 

Giving a gift to someone can have some Inheritance Tax implications. Generally, any gifts made to any individuals will be exempt from Inheritance Tax payments if the Donor lives for a total of seven years or more after having made the gift. These kinds of gifts are usually known as Potentially Exempt Transfers (PETs).

 

However, please note that if the Donor gives away an asset but keeps an interest in it then the gift will not fall within the category of a potentially exempt transfer.

 

If the Donor dies within seven years of making a gift and the gift is valued at more than the Inheritance Tax threshold, Inheritance Tax will need to be paid on the value of the gift usually by the Donee or by the representatives of the estate.

 

 

This Monetary Deed of Gift is in Microsoft Word format, written in plain English easy to use and edit.

 

 

 

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