Difference Between Gift Deed & Will - PowerPoint PPT Presentation

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Difference Between Gift Deed & Will

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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. – PowerPoint PPT presentation

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Title: Difference Between Gift Deed & Will


1
Difference Between Gift Deed Will
Will
Gift Deed
2
Introduction
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.
3
Will 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.
4
The 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.

5
Can 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withdrawn by will.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

6
Is a Will superseded by a Gift Deed?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.
7
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