Jan 28, 2007 13:59
17 yrs ago
7 viewers *
English term

lifetime gift

English Law/Patents Law: Contract(s) cohabitation agreement
Another term from the cohabitation agreement:

,, Nothing contained in this agreement shall preclude either party from voluntarily making **lifetime gifts** to the other or from voluntary making provision for the other by will, codicil, trust or otherwise. Such voluntary provision shall not be construed as a waiver of any provision of this agreement or as evidence that there is or was any agreement or understanding between the parties otherwise than is specifically contained in this agreement.



If A makes a lifetime gift to B, B will have the ownership of the thing given as long as B is alive??

Do I get it right?
or does ‘’lifetime’’mean sth different?

Responses

+10
29 mins
Selected

gift made during life rather than at death

Let us assume that A makes a "lifetime gift" to B.

The first point is that this is a gift, and cannot be recalled on the death of either A or B. The alternative is a "lifetime interest" in something, such as a house, which may be available for the use of the spouse for as long as he or she lives, but which then reverts to the children.

The second point is that such gifts are often made to avoid inheritance taxes. If A intends to give something to B on A's death, it may make sense to give it to B during A's life. Different jurisdictions have different rules, but in the UK, the gift is free of inheritance tax if A survives for seven years after the gift, and I think the tax reduces gradually over the period.
Peer comment(s):

agree Alexander Demyanov : Gift made during (A's) lifetime rather than through a will. The purpose is to avoid inheritance taxes. http://www.newyorklife.com/cda/0,3254,11407,00.html
37 mins
agree ErichEko ⟹⭐ : This makes sense, really!
48 mins
agree Tatiana Nero (X) : it is the same as "inter vivos" gift, a gift given by A during the life of A, to avoid not only inheritance taxes, but also the more stringent requirements to wills as compared to inter vivos gifts, and to avoid probation of the will in surrogate's court.
58 mins
Yes, "inter vivos" is the older term, and in some ways clearer!
agree kmtext
1 hr
agree Refugio
1 hr
agree Aisha Maniar
1 hr
agree cmwilliams (X)
2 hrs
agree Alexandra Tussing
12 hrs
agree Marcella S.
18 hrs
agree Alfa Trans (X)
1 day 2 hrs
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4 KudoZ points awarded for this answer. Comment: "Thank you very much for your help!"
+1
4 mins

see explanation below

I think it refers to the lifetime of A. A can make gifts to B during his/her lifetime.

HTH

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Note added at 8 mins (2007-01-28 14:07:17 GMT)
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A can make gifts to B during his/her lifetime or in their will - which would be things B would only receive after the end of A's lifetime. This is what I think it means.
Peer comment(s):

agree Alexander Demyanov
1 hr
Thanks Alexander
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