An analysis of gifts Inter Vivos under the Statutory Law of Inheritance

acquisition of an unexpired lease on a property or even an outright sale of the property. Inheritance is the devolution of property on an heir or heirs, upon the death of the owner. However, property can be passed to another while the owner is still alive and not as sale but as a gift inter vivos. It is a transfer of property while the owner of the property is still alive which ordinarily would have formed part of the assets of the estate of the owner when he eventually dies. The aim of this study is to analyse the legal implications of a transfer of an inter vivos gift and compare it to a testamentary disposition of assets. The methodology adopted in this research is a qualitative research with the use of materials from primary and secondary sources providing a detailed study on inter vivos gifts, the elements, the requirements, challenges associated with this method of disposition of assets and how to revoke an inter vivos gift as well as its enforcement even after the death of the donor. This paper also proposes and recommends to incorporate the disposition of a gift inter vivos into a testamentary distribution of assets in order to give the transaction more legal protection while seeking to enforce it. The general notion that a gift inter vivos of land should be supported by legal documentation is laudable however, this paper will demonstrate the necessity for such a gift to also be included in the Will or any other document apart from the transaction papers