05 September 2019 - Deed of Gift for Cash, Property and Unpaid Present Entitlements

We provide gifts many times in our lives without necessarily knowing. These are generally not evidenced and a later dispute that a gift was a borrowing can be easily be refuted with an executed Deed of Gift.

Likewise beneficiaries of a discretionary trust may not seek to receive unpaid present entitlements but over time seek to reclaim against the trustee. It is important for the Trustee to put in place a Deed of Gift to cover that consequence.