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DEED OF GIFT vs WILL: WHAT IS THE DIFFERENCE? Many people think a Deed of Gift and a Will essentially do the same thing because both can determine who receives your property. However, legally, they operate in very different ways. A DEED OF GIFT is generally used to transfer property from one person, known as the donor, to another person, known as the donee, during the donor’s lifetime. For example, if I own a house and I execute a valid Deed of Gift transferring that house to my daughter, the intention is that the gift takes effect during my lifetime, subject to the legal requirements applicable to that property. A WILL, on the other hand, is a legal document in which a person, known as the testator, sets out how they want their property and other matters dealt with after their death. So, if I write in my Will, “I leave my house to my daughter,” my daughter does not become the owner simply because I have written it in my Will. The Will takes effect upon my death, and the estate must then be administered according to law. The simplest way to remember the difference is: DEED OF GIFT = transfer intended to take effect during your lifetime. WILL = disposition that takes effect upon your death. This distinction becomes particularly important when dealing with land and other valuable property. For example, if you have already made a valid lifetime transfer of a property through a Deed of Gift, you cannot simply assume that you can later give that same property to another person through your Will. You have to consider whether you still legally own that property when your Will takes effect. However, it is also important to understand that simply calling a document a “Deed of Gift” does not automatically make the transfer legally valid. The nature of the property, the formalities followed, execution, registration requirements and other circumstances may all be relevant. Similarly, writing down your wishes and calling the document a “Will” does not automatically make it a valid Will. The applicable legal requirements must be satisfied. So, which one should you use? That depends on what you are trying to achieve, when you want the transfer to take effect, the type of property involved and the applicable law. If you are dealing with land, property or estate planning, it is important to obtain proper legal advice based on your particular circumstances. This video is for general legal education and should not be treated as legal advice. Save this video and share it with someone who needs to understand the difference. #law #shireadslaw

DEED OF GIFT vs WILL: WHAT IS THE DIFFERENCE? Many people think a Deed of Gift and a Will essentially do the same thing because both can determine who receives your property. However, legally, they operate in very different ways. A DEED OF GIFT is generally used to transfer property from one person, known as the donor, to another person, known as the donee, during the donor’s lifetime. For example, if I own a house and I execute a valid Deed of Gift transferring that house to my daughter, the intention is that the gift takes effect during my lifetime, subject to the legal requirements applicable to that property. A WILL, on the other hand, is a legal document in which a person, known as the testator, sets out how they want their property and other matters dealt with after their death. So, if I write in my Will, “I leave my house to my daughter,” my daughter does not become the owner simply because I have written it in my Will. The Will takes effect upon my death, and the estate must then be administered according to law. The simplest way to remember the difference is: DEED OF GIFT = transfer intended to take effect during your lifetime. WILL = disposition that takes effect upon your death. This distinction becomes particularly important when dealing with land and other valuable property. For example, if you have already made a valid lifetime transfer of a property through a Deed of Gift, you cannot simply assume that you can later give that same property to another person through your Will. You have to consider whether you still legally own that property when your Will takes effect. However, it is also important to understand that simply calling a document a “Deed of Gift” does not automatically make the transfer legally valid. The nature of the property, the formalities followed, execution, registration requirements and other circumstances may all be relevant. Similarly, writing down your wishes and calling the document a “Will” does not automatically make it a valid Will. The applicable legal requirements must be satisfied. So, which one should you use? That depends on what you are trying to achieve, when you want the transfer to take effect, the type of property involved and the applicable law. If you are dealing with land, property or estate planning, it is important to obtain proper legal advice based on your particular circumstances. This video is for general legal education and should not be treated as legal advice. Save this video and share it with someone who needs to understand the difference. #law #shireadslaw

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