The Deed of Confirmation Gift is a specialized legal instrument used in Irish jurisdiction when there is a need to formally document and confirm a gift transaction. This document is particularly valuable when parties wish to establish clear evidence of a gift transfer that may have been previously made or agreed upon informally. It serves multiple purposes: confirming the donor's intention, providing legal certainty about the transfer, establishing the date of the gift for tax purposes, and creating a formal record of the transaction. The deed must comply with Irish property law requirements and includes crucial details such as the parties' information, property description, and confirmation of the irrevocable nature of the gift. It's commonly used in family wealth transfers, charitable donations, and estate planning scenarios, where formal documentation of gift transfers is essential for legal and tax purposes.
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1. Parties: Identifies and defines the Donor (person making the gift) and Donee (person receiving the gift) with full legal names and addresses
2. Background: Sets out the context of the gift, including any previous discussions or arrangements being confirmed
3. Definitions: Defines key terms used throughout the deed
4. Gift Confirmation: Explicitly states the donor's intention to make the gift and confirms the transfer of the specified property or assets
5. Description of Gift: Detailed description of the property or assets being gifted
6. Donor's Warranties: Confirms the donor's ownership and right to transfer the gift, and that it is free from encumbrances
7. Delivery and Receipt: Confirms the physical or constructive delivery of the gift and its acceptance by the donee
8. Irrevocability: Confirms that the gift is irrevocable and made voluntarily
9. Execution: Formal execution clause meeting Irish deed requirements, including witness provisions
1. Tax Acknowledgments: Section addressing tax implications and responsibilities - used when significant tax considerations apply
2. Conditions: Any conditions attached to the gift - used only in specific circumstances where conditions are necessary
3. Power of Attorney: Provisions for appointing an attorney to handle related matters - used when donor wants to delegate authority
4. Further Assurance: Commitment to execute additional documents if needed - used for complex gifts requiring additional documentation
5. Governing Law: Explicit statement of Irish law governing the deed - used in cases where there might be cross-border elements
1. Schedule 1 - Property Description: Detailed legal description of any real property being gifted, including boundaries and title details
2. Schedule 2 - Asset Inventory: Comprehensive list and description of personal property or assets included in the gift
3. Schedule 3 - Existing Encumbrances: List of any existing charges, liens, or encumbrances affecting the gifted property
4. Appendix A - Related Documents: Copies of relevant certificates, previous agreements, or other supporting documentation
5. Appendix B - Valuation Reports: Professional valuations of the gifted property or assets, if applicable
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