Inter Vivos

Inter vivos refers to a type of transaction or gift made during the lifetime of the parties involved, as opposed to one that takes effect after death. This principle is commonly applied in the context of wills and trusts, distinguishing between living gifts and bequests made in a will.

The term inter vivos has its roots in Roman law, where it was essential to differentiate between transfers that occurred while the parties were alive and those that took effect upon death. It has evolved within legal contexts to encompass various forms of property transfer.

In modern law, inter vivos transactions are crucial in estate planning, property law, and gift taxation. For instance, gifts made inter vivos may be subject to different tax implications compared to those made through a will, thereby impacting the management of an individual's estate.

• A parent transferring the title of their home to their child while both are alive, constituting an inter vivos gift.
• An individual creating a living trust that takes effect immediately to manage their assets during their lifetime.

• Gruen v. Gruen, 68 N.Y.2d 48 (1986)