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Both types of gifts share three elements which must be met in order for the gift to be legally effective: donative intent (the intention of the donor to give the gift to the donee), the delivery of the gift to the donee, and the acceptance of the gift.
This type of transfer can be contrasted with a testamentary transfer, which is a transfer made in a will after death. For example, if a parent gifts their child a car while they are still alive, this would be considered an inter vivos transfer.
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).
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 ...
An inter vivos transfer is a transfer of property made during a person's lifetime. It can be contrasted with a testamentary transfer, which is a transfer made in a will after death.