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Deed of Gift Fill out the template

Deed of Gift

Last revision
Last revision 22/07/2019
Formats
Formats Word and PDF
Size
Size 2 pages
Rating 5 - 1 vote
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Last revision: 22/07/2019

Size: 2 pages

Available formats: Word and PDF

Rating: 5 - 1 vote

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Deed of Gift

A Deed of Gift is a gratuitous arrangement that voluntarily transfers the legal ownership with physical ownership of a property or money from the owner (called the donor) to another (called the donee) without any consideration or compensation from the donee.

A minor (person who is under the age of 18) does not have the legal capacity to grant gift, hence, can not be a donor. However, a minor can accept gifts through their legal guardian.

A deed of gift once delivered to the donee is irrevocable i.e it can not be changed or reversed except the donor does not have the legal capacity to grant the gift; the gift was given under duress, misrepresentation or mistake surrounding the circumstances; and the gift was transferred with an intention to evade tax or breach the law.

The differences between a Will and a deed of gift is as follows:

  • The deed of gift comes into effect immediately the deed is delivered to the donee, during the lifetime of the donor. While the Last Will and Testament and a Codicil only takes effect after the death of the testator.

  • Unlike the Will or codicil, the deed of gift is less likely to be challenged by way of law suit because the donee has already assumed physical control of the gift during the lifetime of the donor.

  • A deed of gift conveying a real property to the donee is a registrable instrument while a Will is not a registrable instrument.

This document outlines the name and address of the donor and donee, the description of the gift and the covenants of the donor and donee.

How to use this document

This document is used by a person who wishes to give a gift to another during their lifetime. This document may be preferred to a Will as it saves cost and time of applying for probate.

After completing this document, the donor and donee should sign this document. If the donee is a minor, the legal guardian of the minor should sign the document on behalf of the minor.

If either of the parties is a company either two directors or one director and one company secretary should sign the document. If either of the parties is any other organization other than a company, an authorized representative (for example, general manager, managing partner, or any other officer of the organization) of the organization should sign the document.

Applicable laws

The Land Use Act and the Lagos State Registration of Titles law and other state land registration laws regulate the registration of instruments transferring interest in a real property.


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