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(1.01);
The question about making an inter vivos transfer
could be considered as an additional proxy for wealth or that altruism or exchange motives exist.
1971), the Florida Supreme Court noted "[i]t is established in Florida that if a substantial beneficiary under a will occupies a confidential relationship with the testator and is active in procuring the contested will, the presumption of undue influence arises." The Carpenter presumption has been extended to inter vivos transfers
. (2) Recently enacted F.S.
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.
Conversely, the Rich/Wilkins presumption of undue influence applicable to inter vivos transfers
implemented public policy against overreaching by fiduciaries.
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?' Here, however, the FLPs served as "a vehicle for changing the form in which the decedent held his property--a mere 'recycling of value,'" and, thus, no transfer for consideration.
2523(f) provides a similar provision for an inter vivos transfer
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.
Inter vivos transfers
to grantor trusts are subject to gift taxes, as with nongrantor trusts.