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What Is Gift Inter Vivos? A gift inter vivos, a gift between the living in Latin, is the legal term that refers to a transfer or gift made during the grantor's life. Inter vivos gifts, which include property related to an estate, are not subject to probate taxes since they are not part of the donor's estate at death.
The essential elements of an inter vivos gift are: (1) present donative intent (the donor's clear intent to pass title/interest to the property to the recipient); (2) delivery (a surrender of all or some dominion and control by the donor and allowing the donee to have possession, which may take different forms ...
Some examples of inter vivos actions and items in property law include: An inter vivos transfer is a property transfer that is made during a transferor's lifetime. Living trusts are trusts created during the lifetime of a settlor and are revocable before that settlor's death (see: revocable living trusts).
First, complete the General Information section on part one of the form. Line 12 would also allow you to check off on whether you and your spouse made joint gifts for the tax year. If not, you may skip lines 13 through 18. Note that your spouse must also sign Form 709 in the appropriate spot if you made joint gifts.