If the plaintiff should prevail in having the inter vivos transfer
of money from the decedent to the defendant set aside as void, those funds would become assets of the estate, subject to the dispositive provisions of his will.
Property was transferred or distributed to a spousal trust, by way of an inter vivos transfers
by individuals as it read before 2000 (subsection 73(1)) or a spousal trust described in subsection 73(1.
The questions on leaving an inheritance, making an inter vivos transfer
, and receiving support compensate for a limitation of the HRS data.
The Carpenter presumption has been extended to inter vivos transfers
2004), and the Tax Court in Estate of Harper, TC Memo 2002-121, the Ninth Circuit concluded that "an inter vivos transfer
of real property to a family limited partnership, which inherently reduces the fair market price of the resultant partnership interests, does not per se disqualify the transfer from falling under" the exception in Sec.
1982), the Florida Supreme Court adopted the Carpenter rule for presumption of undue influence cases involving inter vivos transfers
2036(a), an inter vivos transfer
with a retained lifetime interest will not be returned to the gross estate if the transfer constitutes a "bona fide sale for adequate and full consideration?
2035(b), the amount used to pay the gift tax on an inter vivos transfer
will not be subject to transfer tax, if the donor survives the transfer by three years.
The Tax Court refused to allow the discount, concluding that the sole purpose of the inter vivos transfer
was to reduce estate tax and that the transaction lacked economic substance.
of Kohlsaut,(16) the decedent had made an inter vivos transfer
of a commercial building to an irrevocable trust, and granted 18 beneficiaries (16 contingent) unrestricted rights to demand immediate distributions of trust property.
Bequests differ from inter vivos transfers
in requiring advance planning, a formal legal document, and no opportunity for reciprocal benefit at a later date (Hurd 2009).
2011-209 (Turner I), the Tax Court originally held that the decedent's inter vivos transfers
of property to a family limited partnership (FLP) had to be included in his gross estate under Sec.