Also known as: inter-vivos · intervivos · between the living
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase describing transfers of property made during the lifetime of the transferor. Such transfers take effect immediately and are distinguished from testamentary dispositions that occur only upon death.
Isaac created a revocable trust during his lifetime and later executed a will leaving his remaining assets to that trust. Upon his death the executor added the probate assets to the trust under the will's pour-over clause. The inter vivos trust already existed and held title to other property before Isaac died.
Imani, domiciled in State A, executed a deed conveying land located in State B to her niece. When a dispute later arose over the deed's validity, the court applied the law of the state with the most significant relationship to the inter vivos transfer and the parties. The deed had been negotiated and delivered entirely in State A.
Select any source to read its text and confirm it supports the definition.
Van Pelt handed several pieces of jewelry to his housekeeper while both were alive and told her the items were hers. After his death the administrator sued to recover the jewelry, claiming the transfer was ineffective. The court examined whether the inter vivos delivery satisfied the requirements for a completed gift.
A settlor created a Delaware trust granting his wife a general power to appoint the corpus during her lifetime. After the settlor moved to Florida and died, Florida courts addressed whether the wife's exercise of the inter vivos power controlled distribution of the trust assets. Delaware courts upheld the trust terms against the Florida probate decree.
Owners of fractionated Indian land could have transferred their interests to consolidate holdings before death. Because they retained the property until death, the statute restricted testamentary disposition. The Court noted that the owners' ability to make inter vivos transfers did not eliminate the taking claim arising from the testamentary restriction.
A husband created a revocable inter vivos trust for his wife that also granted her a general testamentary power of appointment. After his death the executor claimed a marital deduction for the trust corpus. The Court examined whether the wife's power converted the trust into qualifying property for the deduction.
An inter vivos transfer takes effect immediately during the donor's life. A testamentary transfer occurs only upon death through a will or intestacy. The distinction determines whether probate is required and which formalities apply.
Supporting sources
Yes. A pour-over devise adds property to an existing inter vivos trust or funds a trust whose terms were executed during the testator's lifetime. The trust must have independent significance apart from the will.
The law of the state with the most significant relationship to the land and the parties governs. For immovables the situs state usually supplies the applicable rule because property rules protect local expectations and title records.
The donor must intend to make a present gift and deliver the property. Actual physical delivery satisfies the requirement. Constructive or symbolic delivery may suffice when actual delivery is impractical.
Supporting sources
A statute that eliminates the right to pass property at death works a taking even if owners could have transferred the property during life. The inter vivos option does not restore the right to direct succession that the statute removed.
Supporting sources
…Other claimants, "appointees" and "beneficiaries," contend that the property passed pursuant to the settlor's exercise of the inter vivos power of appointment created in the deed of trust. The Delaware courts adopted this position and refused to accord full faith and credit to the Florida determination because the Florida…