Meaning & use
inter vivos
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Meanings
adjectivebefore a nounlegallawformal
(of a gift, transfer, or trust) made while the person giving it is still alive, rather than through a will after death.
Grammar: Comes after the noun in legal style: an inter vivos trust; it is not used predicatively, so you would not say 'the trust is inter vivos.'
Patterns
- an inter vivos gift
- an inter vivos transfer
- an inter vivos trust
She wanted the money to reach her grandchildren at once, so she set up an inter vivos trust.
An inter vivos gift is taxed differently from property left in a will.
The court had to decide whether the land transfer was truly inter vivos or took effect only on death.
adverblegallawformalrare
During the lifetime of the person concerned; while someone is still alive.
Grammar: Used mostly in legal writing after verbs such as 'transfer' or 'convey': property conveyed inter vivos.
Patterns
- transfer something inter vivos
- convey property inter vivos
The estate was transferred inter vivos, so it never formed part of the will.
Assets given inter vivos are usually counted when the tax office works out the final bill.
Common combinations
- an inter vivos gift
- An inter vivos gift takes effect immediately, not when the giver dies.
- an inter vivos transfer
- The solicitor drew up an inter vivos transfer of the family home.
- an inter vivos trust
- They placed the shares in an inter vivos trust for their children.
- property conveyed inter vivos
- Property conveyed inter vivos can still be taxed if the giver dies soon afterward.
- a gift made inter vivos
- A gift made inter vivos is recorded in the tax return for that year.
Synonyms and how they differ
- lifetime
- Use 'lifetime' in ordinary speech (a lifetime gift); 'inter vivos' is the technical legal term and sounds out of place outside documents.
- living
- 'Living' appears in everyday phrases like a living trust, but it is less precise than 'inter vivos' in statutes and court papers.
Opposites
Word family
- inter vivos trust noun
- A trust created and funded while the person setting it up is alive.
Commonly confused: inter vivos or inter alia? inter vivos or mortis causa?
inter vivos vs inter alia
'Inter alia' means 'among other things' and appears in legal lists, while 'inter vivos' is only about something happening during a person's life.
inter vivos vs mortis causa
'Mortis causa' means 'because of death' and describes gifts or transfers that take effect when someone dies, the opposite of 'inter vivos'.
Practice
Which sentence uses 'inter vivos' correctly?
Choose one answer.
'Inter vivos' describes a transfer or gift made while the giver is alive, so it fits after 'transferred'. Option 2 treats it as an adjective meaning 'empty', option 3 uses it as a verb (it is never a verb), and option 4 uses it as a feeling, which it never expresses.
Make it your own
Write a sentence using “inter vivos”, then check it and compare it with the examples above.