Cash Gift Deed for the United Kingdom

Cash Gift Deed Template for England and Wales

A Cash Gift Deed is a formal legal document governed by English and Welsh law that evidences the transfer of money from one party (donor) to another (recipient) as an outright gift. It creates a legally binding record of the gift, confirming its irrevocable nature and helping establish clear documentation for tax purposes, particularly in relation to inheritance tax planning. The deed includes specific details about the gift amount, parties involved, and confirms the donor's intention to make an absolute gift without expectation of repayment.

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What is a Cash Gift Deed?

A Cash Gift Deed is essential when individuals wish to make substantial monetary gifts while ensuring proper legal documentation under English and Welsh law. This deed is particularly valuable for inheritance tax planning, providing evidence of when a gift was made for the seven-year rule calculation. The document includes crucial details such as the gift amount, payment method, and clear statements about the unconditional nature of the gift. It's commonly used in family wealth planning, particularly when parents are gifting to children or between family members. The deed helps protect both parties by clearly documenting the transfer and avoiding future disputes about whether the money was a loan or gift.

What sections should be included in a Cash Gift Deed?

1. Parties: Details of donor and recipient

2. Background: Context of the gift and relationship between parties

3. Definitions: Key terms used in the deed

4. Gift Declaration: Clear statement of the gift amount and its unconditional nature

5. Payment Details: Method and timing of payment

6. Execution Clause: Formal execution requirements including witness details

What sections are optional to include in a Cash Gift Deed?

1. Tax Acknowledgment: Statement regarding tax implications - used for gifts exceeding annual allowance

2. Capacity Declaration: Donor's declaration of mental capacity - used when donor is elderly or vulnerable

3. Independent Legal Advice: Confirmation of receiving independent advice - used for large gifts or complex circumstances

What schedules should be included in a Cash Gift Deed?

1. Bank Details Schedule: Banking information for transfer

2. Source of Funds Declaration: For anti-money laundering compliance - used for large gifts

3. Prior Gifts Schedule: Record of previous gifts between parties - used when relevant for tax purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Gift Deed

Cost

Free to use

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