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Gift Settlement Deed
"I need a Gift Settlement Deed to transfer my investment property at 123 Harbor Drive to my daughter, with the settlement to occur on March 15, 2025, and include provisions for covering stamp duty and capital gains tax implications."
1. Parties: Identifies and defines the Donor (person giving the gift) and Recipient/s (person/s receiving the gift)
2. Background: Sets out the context and circumstances leading to the gift, and the Donor's intention to make the gift
3. Definitions and Interpretation: Defines key terms used in the deed and establishes rules for interpretation
4. Gift: Clearly describes the gift being made and explicitly states that it is being given voluntarily and irrevocably
5. Acknowledgment: Recipient's acknowledgment of receiving the gift and any conditions attached
6. Delivery and Transfer: Details of how and when the gift will be transferred or delivered to the Recipient
7. Warranties: Donor's warranties regarding ownership, right to give the gift, and freedom from encumbrances
8. Costs and Duties: Specifies who is responsible for any costs, taxes, or duties associated with the gift
9. General Provisions: Standard provisions including governing law, jurisdiction, and execution requirements
1. Trust Provisions: Required if the gift is to be held on trust, detailing trust terms, trustee powers, and beneficiary rights
2. Conditions: Used when the gift is subject to specific conditions that must be met by the Recipient
3. Tax Indemnity: Additional tax-related provisions where significant tax implications exist
4. Confidentiality: Required when parties wish to keep the gift arrangement private
5. Foreign Ownership: Required when the gift involves foreign recipients or assets subject to foreign ownership restrictions
6. Family Law Acknowledgments: Used when the gift is being made in a family context with potential family law implications
7. Relationship to Will: Required when the gift settlement needs to be considered in context of estate planning
1. Schedule 1 - Gift Description: Detailed description of the gift, including any relevant specifications, valuations, or serial numbers
2. Schedule 2 - Transfer Documents: Copies or forms of any transfer documents required to effect the gift
3. Schedule 3 - Special Conditions: Any special conditions or requirements attached to the gift
4. Appendix A - Valuation Report: Independent valuation of the gift (if applicable)
5. Appendix B - Trust Terms: Detailed trust terms and conditions if the gift is subject to trust arrangements
Authors
Legal Services
Financial Services
Wealth Management
Private Banking
Non-Profit and Charitable Organizations
Family Office Services
Estate Planning
Property and Real Estate
Education (for endowments)
Healthcare (for donations)
Legal
Wealth Management
Private Client Services
Estate Planning
Tax Advisory
Corporate Secretariat
Compliance
Trust Administration
Property Services
Philanthropic Services
Lawyer
Legal Counsel
Estate Planning Attorney
Private Wealth Manager
Tax Advisor
Financial Planner
Trust Officer
Probate Specialist
Property Lawyer
Philanthropic Advisor
Family Office Manager
Compliance Officer
Corporate Secretary
Wealth Strategist
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