ABSTRACT
The transmission of property by will is but one species of gift and the owner of property may determine his or her successors by an inter vivos transfer. A more realistic view of succession must, therefore, take account of gratuitous inter vivos transfers as well as of testamentary dispositions. 1 An inter vivos transfer may take the form of an outright gift or of a transfer to trustees to hold on trust for one or more beneficiaries. A transfer to trustees is likely to involve similar questions relating to formality and capacity as outright gifts whereas once the trust has been established it is likely to give rise to similar questions to those which arise in relation to trusts established by will. Trusts are examined in Chapter 9.
