Maine Agreement for Conditional Gifts

State:
Multi-State
Control #:
US-0666BG
Format:
Word; 
Rich Text
Instant download

Description

A conditional gift is one that is subject to or dependent on a condition. A conditional gift can be revoked if the recipient does not fulfill the conditions attached to the gift. A gift is a conditional gift and it is not final until some future event occ
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FAQ

A conditional gift is a present given to someone without any consideration in return but with a condition attached to it. A conditional gift is always subject to a condition co-existing with the gift.

Gifts can definitely be conditional. A conditional gift is a present given to someone without any consideration in return but with a condition attached to it. A conditional gift is always subject to a condition co-existing with the gift.

A conditional gift is one which is based on some future event or action taking place. If the event doesn't occur, then the gift-giver has the right to get the gift back. Most courts classify engagement rings as a conditional gift and award the engagement ring to the giver in broken engagement cases.

The donor and donee should sign on all pages of the gift deed and must be attested by at least two witnesses. The donee must accept the gift in the lifetime of the donor and when the donor is of sound mind for it to be valid. The value of the stamp paper on which the gift deed is executed varies from state to state.

If the condition is viewed simply as a necessary part of making the gift, the promise is donative and unenforceable. However, if the parties view performance of the condition as the actual price of the gift, then there is a bargain and the promise is enforceable.

A conditional gift is one that is subject to or dependent on a condition. A conditional gift can be revoked if the recipient does not fulfill the conditions attached to the gift. A gift is a conditional gift and it is not final until some future event occurs.

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.

Gift Deed can be conditional but the Gift Deed will be valid if transfer of the title is passed on immediately by the donor and accepted by the donee. Otherwise it will be treated as Will. In a conditional gift deed it can be mentioned that the donor will live in the premises gifted to the donee, till he dies.

Not only do you select the beneficiaries, but you can go a step further and require that the beneficiary meet certain conditions. This is known as conditional gifting.

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Maine Agreement for Conditional Gifts