We explain that what is the difference between will and gift with table. The will and gift are money orders given in the form of property to loved ones. Both are legal procedures and have certain principles and guidelines to follow.
A deed of donation is mostly irrevocable and is an impulsive decision. Will, on the other hand, is a revocable and time-consuming process. It will help the decision maker to decide in a better way.
Both legal entities were used when transferring financial assets to kit and kin. The transfer of the property as a gift allows the policyholder to mature the property immediately. While the transfer of property by will, it is executed only after the death of the person executing the will.
There is no time frame to make use of a deed of donation. Person to enforce their part in the executed will. You need to wait until the call from the legal authority. This process takes time and is driven solely by the executor’s confidant.
Comparison table between will and donation (in tabular form)
Will Gift comparison parameter
| Kind | This type of property transfer will take effect after the death of the executor of the will. | This type of transfer of ownership is immediate. |
| Nature | Will prepares according to the family structure. This provision allows the person to write the will to divide the property in equal or unequal parts. | A deed of donation is prepared by anyone who is mentally stable and has turned 18 years or older. A blood relative must be present to write a deed of donation. |
| Registry | Registering the will is not mandatory, but to avoid future disputes, it is advisable to register the will. | Gifts involving real property must be registered under the transfer of ownership law; Stamp duty must be paid based on the value of the property. |
| Meaning | The division of the will can be done according to the terms of the testator. It is not necessary to divide the property equally. This process can be modified and therefore requires a certified document to avoid ambiguity. | In a deed of donation, the asset is transferred directly. A gift works for a lifetime, unlike a will. The person who gives the gift is an heir and the person who receives the gift is the heir. Drafts of the deed of gift can only be revoked by the heir. The heir cannot change his mind after the transaction is completed. Writing a deed of donation is a better action to avoid disputes. |
| Witnesses and their role | For a will to be valid, the signature of two witnesses is essential. The date and place must be precise, all terms must be transparent and accountable. It is essential to demonstrate that the bequest is physiologically stable during the execution of the will. | For a deed of donation to be valid, it must be registered to have a legal position in the present or in the future. There must be the presence of at least two witnesses and the approval of the donee in the form of a signature. |
| Tenure: can a deed be given away and will it be contested? | A will, when desired, is contested within 12 years from the date of the person’s death. The authenticity of the will can be questioned in court. | A deed of gift can be challenged by filing a lawsuit; there are some rules to follow. This deed can only be challenged if it can be established that the act was not in accordance with the donor’s wish. This argument is valid if the transaction is a fraud or is misinterpreted. |
What is Will?
A will is a document in the court of law for the declaration of the intention of the person making the will. The main purpose of this procedure is the distribution of properties. This legal document will take effect only after the death of the person responsible for drafting the will.
The documentation should be very specific as it can easily be misinterpreted in the future for fraud. The property can be left to a stranger / stranger according to the will. If the person dies without a will, the property is distributed between the team and the family members,
In India, property is distributed according to the law of the individual religion of the person making the will. The person responsible for drawing up the will can transfer property, jewelry, and money to whomever they want.
There are some legal rules that must be followed when making a will. The guidelines are as follows:
- It can be physically documented or written. There must be a designated executor of the will to administer the procedure after your death. This allows for a smooth process of implementation of the will.
- The document must include all the assets of the lender correctly mentioned. The distribution of movable and immovable property must be indicated to the people at the receiving end.
- If there is any change of mind, a completely new will or codicil can be made (this loophole helps the testator to make minor changes without changing the entire content of the will)
In most circumstances, the executor can resolve and answer questions related to the deceased will. However, most of the time, there are disagreements and most family members do not get along, leading to problems. Legal battles always lead to increased legal fees.
What is the gift?
A gift eraser is an impulsive action. This action is done by a person’s own choice. The documentation specifies the transaction between a person who gives and receives the gift. Validation is required to execute a deed of donation. The financial status of the donor is important to make a deed of donation. Access to donor assets is required before drafting the donation.
Registration and stamp duty are payable for the operation of the gift. In India, taxes differ accordingly for each state.
Main differences between will and gift
- A will is active only after the death of a person who is responsible for the duration of the will, while the gift is in action, while the person who started the deal is alive.
- Registration and stamp duty are not required for the will. For a gift deed, the stamp tax is 2 percent is a charge for personal property, and a stamp tax of 3-5 percent of the market value of the stamp tax is charged.
- The presence of an executor and a witness is essential when drafting a will. Whereas, when writing, you need a gift witness and a recorder.
- The act of donation is an impulsive action, mostly done without any consideration. Acceptance by the person to whom the gift is given is vital. In a will, the beneficiary can challenge and claim the terms in a court of law. The decision of what goes into the will depends solely on the testator.
- A deed of donation made to relatives is exempt from the income tax law. You will need to be registered. Therefore, the income tax law is not applicable.
Final Thought
Although there is a significant difference in both legal terms, both are mainly used to transfer property. A will can be a cheaper option for distributing property, while a deed of gift is expensive. You can always modify and revoke your living will. If the donor anticipates a dispute between family members or recipients, they can opt for the gift-over-will option. Either way, both are important to have a structured form of asset division.
