A Deed of Gift Property is commonly used in England and Wales for transferring property ownership between family members or for estate planning purposes. This document is particularly relevant when someone wishes to gift property during their lifetime rather than through a will. The deed must meet strict legal requirements including proper execution, witnessing, and registration with the Land Registry. It's essential to consider tax implications, particularly Inheritance Tax and Capital Gains Tax, when executing such a deed. The document should clearly identify the property being transferred, include accurate details of both parties, and contain appropriate declarations and warranties.
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1. Parties: Details of donor and donee, including full names, addresses, and any other relevant identifiers
2. Background: Context and purpose of the gift, including any relevant history or relationships
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed description of the gifted property including address, title number, and boundaries
5. Declaration of Gift: Formal statement of transfer of property from donor to donee
6. Execution: Signature blocks, witness provisions, and execution requirements
1. Conditions: Any specific conditions or restrictions attached to the gift
2. Warranties: Donor's warranties regarding ownership, encumbrances, and condition of the property
3. Tax Declarations: Statements regarding tax implications and responsibilities
1. Property Schedule: Detailed property description including title number, plan, and any specific inclusions or exclusions
2. Land Registry Plan: Official plan showing the exact boundaries and extent of the property being gifted
3. Title Documents: Copies of relevant title documents and proof of ownership
4. Capacity Evidence: Documentation proving the donor's mental capacity and ability to make the gift
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