A Gift Deed Agreement is a crucial legal instrument used in Ireland when one party wishes to voluntarily transfer ownership of property or assets to another without receiving payment or other consideration in return. This document is commonly used in family arrangements, estate planning, charitable donations, and business restructuring. The deed must comply with Irish legal requirements, including those set out in the Land and Conveyancing Law Reform Act 2009 and relevant tax legislation. It typically includes detailed information about the parties, comprehensive description of the gifted property, clear statement of the donor's intention to make an immediate and irrevocable gift, and various declarations and warranties. The document is particularly important for tax purposes and must be properly executed and witnessed to ensure legal validity and enforceability under Irish law.
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1. Parties: Identifies and defines the Donor (person giving the gift) and the Donee (person receiving the gift), including their full names, addresses, and any other relevant identification details
2. Background: Sets out the context of the gift, confirming the Donor's ownership of the property and intention to make the gift
3. Definitions: Defines key terms used throughout the deed for clarity and consistency
4. Gift: Clearly states the Donor's intention to give and the Donee's acceptance of the gift, with reference to the property being transferred
5. Title Guarantee: Warranties from the Donor regarding their ownership and right to transfer the property
6. Donor's Declarations: Formal declarations by the Donor regarding their free will, solvency, and understanding of the transaction
7. Delivery: Confirms the immediate transfer of the property and any conditions for physical delivery if applicable
8. Execution: Formal execution block meeting Irish law requirements for deeds, including witness provisions
1. Special Conditions: Used when the gift is subject to any specific conditions or restrictions that the Donor wishes to impose
2. Tax Acknowledgments: Include when there are specific tax implications that need to be acknowledged by either party
3. Registration: Required when the gift involves property that needs to be registered with a government authority
4. Power of Attorney: Include when the Donor grants power to the Donee to complete any necessary registration or administrative processes
5. Future Assurance: Used when further actions may be needed to perfect the gift or complete administrative requirements
6. Reverter: Include when there are specific circumstances under which the gift might revert to the Donor
7. Third Party Rights: Required when there are third parties who might have interests in or rights over the gifted property
1. Schedule 1 - Property Description: Detailed description of the gifted property, including any relevant registration numbers, titles, or identifying features
2. Schedule 2 - Title Documents: List of all relevant title documents and certificates relating to the gifted property
3. Schedule 3 - Encumbrances: Details of any existing charges, liens, or encumbrances affecting the property
4. Appendix A - Property Photos/Plans: Where relevant, photographs or plans of the gifted property for clear identification
5. Appendix B - Valuation Certificate: If required for tax purposes, a current valuation of the gifted property
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