Inter vivos (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, ''between the living'') is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a
testamentary
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556 ...
transfer that takes effect on the death of the giver.
The term is often used to describe a trust established during one's lifetime, i.e., an
inter vivos trust
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settl ...
as opposed to a
testamentary trust
A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in their will. A will may contain more than one testamentary trust, and may address a ...
that is established on one's death, usually as part of a
will
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
. An inter vivos trust, by definition, includes both revocable and irrevocable trusts.
Other meaning
The term ''inter vivos'' is also used to describe living
organ donation
Organ donation is the process when a person allows an organ of their own to be removed and transplanted to another person, legally, either by consent while the donor is alive or dead with the assent of the next of kin.
Donation may be for re ...
, in which one patient donates an organ to another while both are alive. Generally, the organs transplanted are either non-vital organs such as corneas or redundant vital organs such as one of the two kidneys or part of a liver.
References
Wills and trusts
Latin legal terminology
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