fp_retirement
 
Financial Planning in the Event of Death
By Dr. Zaleha Kamaruddin

Gifts
A gift is a voluntary transfer of an interest in property by the owner (the donor) to another (the donee) without any consideration or compensation. The lack of consideration distinguishes a gift from a transfer by contract or sale. To be legally effective, the subject matter must be delivered to the donee. The donor must also be competent and have the intention to make the gift, and the gift must be accepted by the donee.

Although real and personal properties may be the subject of gifts, the law relating to gifts is primarily concerned with personal property. Real property transfers, whether by sale or gift are accompanied by the execution and delivery of the deed to the transferee.

Types of Gift

Gifts inter vivos Gifts by will

A person may give away his property during his lifetime. The effect is that after the transfer of the property, the donee assumes outright possession and immediate use of the property instead of waiting for the donor’s death.

Once a gift is made, it is irrevocable. A donee can however refuse a gift but the law presumes that the donee has accepted the gift unless he has shown clearly that he does not wish to do so.

Gifts by will or testamentary gifts refer to gifts that are made in a will.

Note: Gifts by will to a spouse lapses as a consequence of the dissolution or annulment of a marriage, unless a contrary intention is shown in the will. The other parts of the will relating to gifts to other beneficiaries remain valid. The will only becomes invalid if the person remarries or changes the provisions in the will.

Related Topics:
Property Disposable by Will
Testacy and Intestacy (non-Muslims)
Distribution of Non-Muslim Estates
Succession of Estates for Muslims
Distribution of Muslim Estates
Glossary of Terms

 

Dr. Zaleha is an associate professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia