Yes. Since a gift deed is executed during the individual's lifetime, it takes precedence over any instructions in a will. If an asset mentioned in the will has already been transferred through a gift deed, the recipient of the gift deed retains ownership, even if the will designates that asset to someone else.
In order for the gift deed to be valid, the donee's name must be clearly stated in the document. In addition to the donor and donee, there are also typically at least two witnesses to the gift deed. The witnesses must be at least 18 years old and must be present when the donor signs the gift deed.
This deed of Gift is executed on ________ day of ______________ month _____________ year by Sri./Smt. __________________________, S/o./ W/o. _______________________, occupation____________________, and aged__________ year residence at ______________________________ _______________________ .
Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.
A gift deed must be (1) in writing, (2) signed, (3) describe the property, and (4) delivered. TPC §5.021. Texas further requires the document set forth (1) the intent of the grantor, (2) the delivery of the property to the grantee, and (3) the gift to be accepted by the grantee.
To prepare a gift deed, you need to include the legal description of the property, the names of the donor and recipient, a clear statement indicating the gift's nature and have it notarized before filing it with the county clerk's office.