Inter vivos asset transfers occur for a variety of reasons, ranging from legitimate wealth transfers to achieve an estate planning objective to transactions motivated by less noble objectives. This 36-page paper outlines some of the challenges available to spouses and other parties that take issue with these voluntary asset transfers. Specific topics include:  the requirements of an inter vivos gift, issues surrounding the requisite intent, common law presumptions, undue influence and available challenges to a transfer.

This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.