Washington Gift Forms - Washington Gift Law

What is a Gift Affidavit?

A Gift Affidavit is a legal document that is used to prove the transfer of ownership of a gift. In the state of Washington, a Gift Affidavit is commonly used in situations where someone gives a valuable item or property as a gift to another person, and the transfer needs to be legally acknowledged. The affidavit includes details about the gift, such as its description, the value, and the names of the giver and the receiver. By completing and signing this document, both parties confirm that the gift has been given voluntarily without any expectations of repayment or compensation. This Affidavit is often required in Washington as proof of ownership for the recipient of the gift.

Types of Gift Deeds

In Washington, there are different types of gift deeds that you can use to transfer property to someone else without any money exchange. The most common type is a general gift deed, which allows you to give your property to another person as a gift without any conditions or restrictions. Another type is a gift deed with reservation, where you can give the property as a gift but still retain certain rights, like the right to live in the property for the rest of your life. Lastly, there is a gift deed with a revocability clause, which means that you can take back the gift if certain conditions are not met. These different types of gift deeds provide flexibility and options when it comes to transferring property as a gift in Washington.

When To Use a Gift Affidavit

A gift affidavit is used when someone in Washington wants to gift a valuable asset, such as money or property, to another person without any expectations of repayment or consideration. It is written documentation that both parties sign to confirm the gift and ensure there are no legal disputes in the future. The gift affidavit helps prove that the transfer of ownership was intended as a gift and not a loan or transaction. This document is necessary to protect both the giver and the recipient and is particularly helpful when dealing with valuable or significant assets.

What Should Be Included in a Gift Affidavit?

In a gift affidavit, certain details need to be included to make it valid and legally acceptable. In Washington state, specifically, the affidavit should state the names and addresses of both the gift giver (also known as the donor) and the recipient (known as the done). It should clearly describe the gift being given, whether it's cash, property, or something else, with specific details to avoid any confusion. The affidavit should also have a statement indicating that the gift is being given without any expectation of repayment or services in return. Additionally, it should be signed by both the donor and the done, and preferably notarized to further solidify its authenticity.

How To Write a Gift Affidavit

In Washington, writing a gift affidavit is not a complicated process. Here's a simple guide to help you through it. Start by stating the full name and address of the giver (also known as the donor). Next, include the full name and address of the recipient (also known as the done). Clearly describe the gift, including any important details or conditions attached to it. Make sure to mention that the gift is freely given without any expectations of repayment. Include the date when the gift was given and signed, and then have both the donor and the done sign the document in the presence of a notary public. Finally, ensure that a copy of the affidavit is kept by both the giver and the recipient for their records.