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Gifts Cannot Be Revoked

Gifts Cannot Be Revoked

Once a gift has been made of an interest in real property or any other type of property, the gifts cannot be revoked.

The gifts of a joint interest in real property is in inter vivos rather than a testamentary gift and cannot be retracted by the donor. It is a complete and perfect inter vivos gift. Bergen v Bergen 2013 BCCA 492 at p.41.

In McKendry v McKendry 2017 BCCA 48 the court stated:

“A gift is a gratuitous transfer made without consideration. Two requirements must be met for an inter vivos gift to be legally binding: the donor must of intended to make a gift and must’ve delivered the subject matter to the donee. The intention of the donor at the time of the transfers the governing consideration. In addition, the donor must’ve done everything necessary, according to the nature of the property, to transfer it to the donee and render the settlement legally binding on him or her. Pecore v Pecore 2007 SCC 17 at para.5

A gift may be delivered in various manners. For example, a donor may choose to transfer property directly to a donee or a trustee, or may retain possession and make a declaration of trust. Once a gift is given, the donor cannot retract it. If it is incomplete, however, the court will not perfect a gift. Accordingly, where the gift rests merely in a promise or unfulfilled intention, the court will not compel an impending donor to follow through with making the gift. Pecore at para.56

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