Is an inter vivos gift binding?
British Columbia, Canada
The following excerpt is from McKersie v Macala, 2021 BCSC 2455 (CanLII):
A gift is a gratuitous transfer made without consideration. Two requirements must be met for an inter vivos gift to be legally binding: the donor must have intended to make a gift and must have delivered the subject matter to the donee. The intention of the donor at the time of the transfer is the governing consideration. In addition, the donor must have done everything necessary, according to the nature of the property, to transfer it to the donee and render the settlement legally binding on him or her: McKendry v. McKendry, 2017 BCCA 48 at para. 31; Pecore at para. 5).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a fee estimate binding or binding? (British Columbia, Canada)
In what circumstances will a judge admit evidence that challenges the validity of a will or the settling of an inter vivos trust? (British Columbia, Canada)
How has the court considered the inter vivos dispositions and assets passed to the claimant as a result of a right of survivorship? (British Columbia, Canada)
Can a husband who owns a home that was transferred into joint tenancy with his wife five years before they married, revoke the right to use it as an inter vivos gift? (British Columbia, Canada)
Is a judge's failure to consider relevant evidence relevant to the issue of inter vivos gifts an error of law? (British Columbia, Canada)
Is a post-separation child care agreement binding or binding? (British Columbia, Canada)
If a "social agreement" arising from an earlier decision of a municipal council is treated as a binding contract, is it binding contract? (British Columbia, Canada)
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child? (British Columbia, Canada)
Can a will-maker's moral duty be diminished or negated entirely where he or she has made inter vivos gifts to a claimant? (British Columbia, Canada)
What is the test for an inter vivos gift? (British Columbia, Canada)
