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Q.

Making Will Or gift Deed will be a Better option?

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1

1 Year

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Certainly! Let’s explore the differences between a Will and a Gift Deed to help you make an informed decision:

  1. Will:

    • A

      Will

      is a legal document that expresses a person’s wishes regarding the distribution of their property and assets

      after their death

      .

    • Key points about a

      Will

      :

      • The testator (the person making the Will) appoints an executor to ensure the instructions are carried out.

      • It is

        revocable

        and can be changed or updated by the testator during their lifetime, as long as they have mental capacity.

      • The Will takes effect only after the testator’s death and usually goes through a legal process called

        probate

        .

      • It ensures that property is distributed according to specific wishes, preventing disputes among family members.

  2. Gift Deed:

    • A

      Gift Deed

      is a legal document used to transfer ownership of personal or immovable property from one person (donor) to another (donee)

      without exchanging money

      .

    • Key points about a

      Gift Deed

      :

      • It becomes effective upon execution and registration (where required by law).

      • Unlike a Will, it is

        generally irrevocable

        once executed and the property is transferred.

      • The Gift Deed is independent of the donor’s death and is executed during the donor’s lifetime.

      • It facilitates the immediate transfer of property to the donee without any monetary exchange.

  3. Which Is Better:

    • Will

      :

      • Use a Will when you want to specify how your assets should be distributed after your death.

      • It provides flexibility to update your wishes during your lifetime.

      • Requires probate and legal formalities.

    • Gift Deed

      :

      • Choose a Gift Deed when you want to transfer property immediately during your lifetime.

      • Once executed, it cannot be easily revoked.

      • No probate process is involved.

  4. Considerations:

    • Consult a legal professional

      to ensure compliance with local laws and to create or execute the appropriate document.

    • Both serve specific purposes in estate planning and have distinct legal implications.

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