A deed of gift is a legal document used when you want to transfer ownership of property to someone else. This can include money, vehicles, land, or real estate. The document ensures that the transfer complies with the law and protects both donor and recipient. For real estate, such as a condominium, houses, or plots of land, a deed has to be written for the transfer to be valid. Even a share of real estate requires a properly drafted deed to avoid legal issues and unclear ownership.

Unlike a will, which specifies the distribution of assets after your death, a deed of gift is used for transfers made during your lifetime. It confirms that you’re giving away specific property, and the document can also include special conditions for the gift.

What should it include?

For a deed of gift to be valid and legally binding, it has to include the following:

• Information about donor and recipient
  Clearly state the full name, personal identification number, and address of donor and recipient.
• Description of the gift
  Specify clearly what you’re giving away, such as the property address, a vehicle’s registration number, or the number of shares.
• Conditions of the gift
  You can specify if the gift should be the recipient’s separate property, which protects it in the event of a divorce, or if it should be included in future inheritances.
• Date and signatures
  For the document to be valid, it has to be dated and signed by donor and recipient.

Why it’s important

A deed of gift ensures that a gift is properly transferred according to the law. Without a valid deed, disputes over ownership could arise, and the gift could be considered invalid. By drafting a deed, you protect both yourself and the recipient, guaranteeing a legally secure transfer.

How we help with deeds of gift

Legal advice
We provide legal advice to help you understand when and how to draft a correct deed. We make sure it meets all legal requirements and is tailored to your specific situation.

Drafting deeds
We help you draft a correct and legally sound deed of gift that protects both your and the recipient’s interests. We make sure all necessary details and conditions are included.

Review of existing documents
If you already have a deed, we review it to make sure it meets all requirements and that all important details are included.

FAQ about deeds of gift

Do I always need a deed of gift when gifting something?
No, it’s not required when giving away movable property such as money or objects. However, in these cases it can be useful if you want the gift to be considered the recipient’s separate property. If you want to give away real estate, tenant-owned apartments, or other assets that require a formal transfer, you have to prepare a deed of gift.

How is it different from a will?
A deed of gift is used to transfer property during your lifetime. A will on the other hand specifies how you want your property to be distributed after your death.

Can I set conditions for the gift?
Yes, you can include specific conditions in the deed. This could be whether you want the gift to be the recipient’s separate property or if it should be included in future inheritances.