Another consequence of this approach is that the trust must come into existence before the death of the first testator as otherwise the subject matter of the trust would be uncertain and could possible be avoided by inter vivos dispositions.
32.
Some historians, such as Sylvie D�patie who carried out a case study of �le J�sus, argued that rather than the changing man-to-land ratio, the primary use of " inter vivos " gifts stemmed from concerns for the productive capacity of property.
33.
Where a transferor has transferred property for an unlawful purpose, and gained the benefit, then a court might hold that he has waived his right to claim a resulting trust ( i . e . : settlor ) ( inter vivos ).
34.
She held the Earldom of Lincoln until less than a month later with the consent of the King she likewise gifted the Earldom " inter vivos " to her daughter Margaret de Quincy and her son-in-law John de Lacy, 2nd Earl of Lincoln.
35.
The trust instrument must be either in existence at the time when the will with the pour-over clause is executed, or executed concurrently with the will to be a valid pour-over gift . However, the trust need not be funded " inter vivos ".
36.
Thus in the so-called " Laws of Alienation of lands by will, except in a few favoured districts, became impossible; alienation " inter vivos " was restrained in one direction in the interests of the heir, in another in the interests of the lord.
37.
A pretermitted heir may also be denied the right to take under the will if they received an " advancement " against their inheritance-an " inter vivos " gift from the testator of an amount equivalent to what the pretermitted child might take under the will.
38.
He similarly came under scrutiny after declaring a 2008 taxable income of 670, 000 pesos ( around US $ 200, 000 ) against 70 million pesos in exemptions, 30 million in " inter vivos " gifts to his children, and another 30 million in personal expenses.
39.
Many states differ as to their procedures concerning the interpretation and administration of trusts created during life ( i . e ., the " inter vivos " trust ) versus those created in a will which are typically subject to jurisdiction in probate proceedings ( the testamentary trust ).
40.
By federal law a transfer to a trustee in an inter vivos trust ( to which classification a " residential property land trust " belongs ) cannot be considered a due-on-sale ( " due-on-transfer " ) violation unless all of one's beneficiary interest would have been transferred to another.
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