Also known as: intervivos branch · inter vivos
Written by attorneys · grounded in primary & secondary sources — see below
A division of the doctrine of worthier title that voids an inter vivos conveyance of property to the grantor's heirs. The doctrine treats the heirs as taking title by descent rather than by purchase under the conveyance.
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Isla Ireland executes a will pouring over assets into a trust benefiting her heirs. During life she conveys land directly to those same heirs by deed. The inter vivos branch voids the conveyance so the heirs take by descent upon her death.
Ian Iverson conveys land in State B to his heirs while domiciled in State A. The inter vivos branch applies under the most significant relationship test and voids the deed so the heirs receive title by descent.
Imani Idowu funds an inter vivos trust naming her heirs as beneficiaries. The inter vivos branch treats the heirs as taking by descent and invalidates the direct transfer of remainder interests.
Ira Irving conveys property to his heirs before death. The inter vivos branch voids the deed so the property passes by descent and becomes subject to the decedent's tax liabilities.
Ilana Isaacs transfers assets inter vivos to her heirs. The inter vivos branch determines that title passes by descent and the probate court retains exclusive jurisdiction over the resulting interests.
Idris Ives deeds land to his heirs while retaining a life estate in a revocable trust. The inter vivos branch voids the remainder conveyance so the heirs take by descent upon his death.
The testamentary branch applies to devises by will and has been abolished in nearly all jurisdictions. The inter vivos branch applies to lifetime conveyances to the grantor's heirs and remains viable in some states for personal property.
Supporting sources
The inter vivos branch traditionally applied to both real and personal property but modern authority limits its force primarily to personal property in most jurisdictions.
Supporting sources
It voids the conveyance so that the heirs take the property by descent rather than by purchase under the deed.
Supporting sources
…for settlement of its first account as common trustee. During the accounting period a total of 113 trusts, approximately half inter vivos and half testamentary, participated in the common trust fund, the gross capital of which was nearly three million dollars. The record does not show the number or residence of the…