Keywords:
Gifts and divesting your assets as an estate planning strategy -- Divesting assets in lifetime - advantages and disadvantages -- How to do it while keeping necessary control when alive -- Limits on using inter vivos gifts for asset protection -- "If it's not there, they can't argue over it!" -- Beneficiaries who are better served by gifts -- Getting the donor's objectives on the record -- Heading off a claim of incapacity -- When to obtain medical evidence -- How to assess the donor's capacity -- The risk of a claim of undue influence -- Independent witnesses -- How the courts treat inter vivos gifts in family provision claims -- Conclusion