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Deed Of Gift Property
"I need a Deed of Gift Property to transfer my vacation home in British Columbia to my daughter, with the transfer to take effect on March 15, 2025, while retaining a life interest in the property for myself and my spouse."
1. Parties: Identifies and provides full legal names and addresses of the donor (giftor) and donee (recipient)
2. Background: Establishes the context of the gift, relationship between parties, and intention to make an unconditional gift
3. Definitions: Defines key terms used throughout the deed including 'Property', 'Transfer Date', and any other relevant terms
4. Property Description: Detailed legal description of the property being gifted, including title details and registration information
5. Declaration of Gift: Clear statement of the donor's intention to gift the property and transfer all rights and interests
6. Consideration: States that the transfer is made as a gift without monetary consideration
7. Transfer of Title: Specifics of how and when the legal title will transfer to the donee
8. Donor's Warranties: Warranties regarding ownership, right to transfer, and freedom from encumbrances
9. Execution Requirements: Requirements for proper execution including witnessing and notarization
10. Governing Law: Specifies that the deed is governed by Canadian law and the specific provincial jurisdiction
1. Reservations of Rights: Used when the donor wishes to retain certain rights or interests in the property
2. Life Interest: Include when the donor wishes to retain the right to live in or use the property during their lifetime
3. Tax Declarations: Additional section when specific tax implications need to be addressed or acknowledged
4. Spousal Consent: Required when the donor is married and the property is or was a matrimonial home
5. Conditions Precedent: Include if there are any conditions that must be met before the gift takes effect
6. Future Interests: Used when creating successive interests in the property
7. Powers of Attorney: Include when someone is acting under a power of attorney for either party
1. Schedule A - Property Description: Detailed legal description of the property including lot number, plan, and registration details
2. Schedule B - Property Title: Copy of the current property title or registration document
3. Schedule C - Property Survey: Recent survey or plot plan of the property
4. Schedule D - Tax Assessment: Current property tax assessment information
5. Schedule E - Encumbrances: List of any existing encumbrances, easements, or rights of way
6. Appendix 1 - Capacity Affidavit: Affidavit confirming the donor's mental capacity and understanding of the gift
7. Appendix 2 - Independent Legal Advice: Certificates of independent legal advice for both parties
Authors
Real Estate
Legal Services
Financial Services
Property Management
Estate Planning
Non-Profit Organizations
Family Services
Tax Advisory
Public Administration
Legal
Real Estate
Property Administration
Compliance
Risk Management
Document Processing
Tax Advisory
Estate Planning
Records Management
Real Estate Lawyer
Property Manager
Estate Planning Attorney
Tax Advisor
Legal Counsel
Conveyancing Clerk
Property Assessor
Title Examiner
Notary Public
Land Registry Officer
Real Estate Administrator
Estate Administrator
Compliance Officer
Legal Document Specialist
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