Gift by the mother of her life interest in immovable property in favour of her children as the residuary legatees under a will
THIS DEED OF GIFT made the ________ day of __________
BETWEEN
_________________________________________________ (insert the name, address, etc. of mother) (hereinafter called the mother) of the ONE PART
AND
_______________________________________________ (insert the name, address, etc. of children) (hereinafter called the donee) of the OTHER PART.
WHEREAS:
- ________________________ [Testator] late of [address] (hereinafter called the father) by his last will dated the _______ day of ________ after appointing [executors] to be executors and trustees thereof and directing payment of his funeral and testamentary expenses and debts and bequeathing divers specific and pecuniary legacies devised all his immovable properties unto his said trustees upon trust to pay the rents profits and income thereof to his wife during her life and after her death in trust for his children in equal shares.
- The father died on the _________ day of _________ without having revoked or altered his will but the same has not yet been proved [or and the said will was proved on the ________ day of ______ by the said executors in the ________ Court at _________.
- The father left him surviving his widow the mother and __________ children and no more namely the donees all of whom are of full age and parties hereto.
- The mother is desirous of making a gift to the donees of her life interest under the said will in the immovable properties of the father.
NOW THIS DEED WITNESSETH as follows:
- In consideration of the natural love and affection of the mother for the donees the mother hereby conveys and releases unto the donees all that her life-interest in the property described in the schedule hereto TO HOLD the same unto the donees as tenants-in-common in equal share, absolutely and forever.
- The donees hereby declare that the life interest hereinbefore conveyed shall merge and be extinguished in the said property in remainder thereon to the intent that by reason of such merger and of the vesting in them of the said property by an assent of even date herewith the said property shall henceforth be vested in the donees in equal shares as tenants-in-common.
THE SCHEDULE ABOVE REFERRED TO:
[Description of property]
IN WITNESS etc.
[Signature[s] of mother [and donees]]
