Make a gift in your lifetime

Gift wealth to loved ones during your lifetime with legal certainty.

You have spent your lifetime building wealth, and now you want to share it – with an adult child getting a deposit for their home, a grandchild’s education funded, or a cause that has been close to your heart for years. The impulse is generous, but the execution matters. A gift that is poorly structured or inadequately documented can expose you to unexpected tax consequences, invite family disputes, or place your generosity within reach of someone else’s creditors. We help you give with intention, with legal protection, and with the certainty that what you meant to give will reach the people you want to have it.

Lifetime gifting, done properly

Giving wealth away during your lifetime is one of the most meaningful things you can do with what you have accumulated – but it carries legal and financial implications that, if not managed, can undermine the gift entirely. We guide you through the right structure and documentation, whether you are giving cash, transferring property, or building gifts into a broader estate strategy.

What is the difference between a gift and a loan to a family member?

A gift transfers ownership of funds with no expectation of repayment and no legal protection once given. A loan creates a legal obligation to repay and can be secured against the recipient’s assets. The practical benefit of documenting family financial support as a loan is that it gives you legal standing to step in and recover the funds if your child faces a creditor claim or relationship breakdown. The loan documentation creates a record that the funds are not solely your child’s property to be divided or pursued – they are subject to a debt owed back to you. Many families use a secured loan rather than an outright gift precisely because it keeps the wealth within reach if something goes wrong.

Are there tax consequences when I give away property during my lifetime?

Yes. Transferring property – including shares or real estate – during your lifetime can trigger capital gains tax if the asset has increased in value since you acquired it, even if no money changes hands. In some states, stamp duty may also apply to the transfer, regardless of whether consideration is paid. The CGT and stamp duty position depends on the specific asset, who you are giving it to, whether any exemptions apply, and how the transfer is structured. This is exactly why legal advice before any transfer is made is important – the tax implications can exceed the value of what you intended to give.

How do I protect a gift to my child from being taken in a divorce or by creditors?

Protecting gifts from third-party claims is one of the most common concerns we help clients navigate. Rather than gifting funds outright, structuring the transfer as a secured loan – with a properly registered security interest – means that if your child separates from a partner or faces a creditor claim, you can step in to protect what you gave them. The loan documentation creates a legal record that the funds are not solely your child’s property to be divided. Without that structure, money in your child’s account is generally available to creditors and may be treated as a joint asset in family law proceedings.

Can a lifetime gift affect the distribution of my estate when I die?

Potentially yes, depending on how your will and estate plan are structured. In some estates, prior gifts are treated as an advancement on a beneficiary’s inheritance, which can affect how the remaining estate is divided among multiple children. If your will does not address this, different beneficiaries may dispute whether a prior gift should be counted against the recipient’s share. Properly documenting your lifetime gifts and expressing your intentions about how they relate to your will is the most effective way to prevent this kind of dispute arising.

Secure your family's future now

Avoid the tax and legal pitfalls

Reduce the risk of future disputes

Ready to give with confidence?

Speak with one of our estate planning lawyers about structuring your lifetime gift the right way.

Where will your wealth go?

You know how you have built your wealth and you want to share it while you are still here to see it make a difference. But you are not certain how to structure a gift in a way that protects both you and the recipient, and does not create tax problems or family disputes down the track.

We will advise on the right gifting structure for your circumstances.
We will prepare loan agreements, gift deeds, or property transfer documentation.
We will advise on stamp duty and CGT implications of any transfer.
We will ensure your gifting strategy is aligned with your broader estate plan.
We will document your intentions clearly to protect against future disputes.

Giving should feel empowering, not risky.

You have adult children who need a leg up – a deposit for their first home, capital to start a business, or the financial breathing room to make better choices. You have watched other families where informal gifts went wrong: an unexpected tax bill, a creditor stepping in, or a dispute over whether money was a loan or a gift when the estate was later divided.

You want to be generous, but you are not careless with the wealth you have spent decades building. You want your gift to reach the person you intend, protected from third-party claims and aligned with your broader estate plan.

What's included in your lifetime gifting service

Leaving gifts to chance is not an option.

When gifts are made without proper legal structure and documentation, the generosity behind them can quickly unravel.

A cash transfer to a child who later separates from their partner may be treated as a joint asset in property settlement proceedings – half of what you gave them walking out the door with someone else. A property transferred without careful stamp duty and CGT planning can trigger a tax bill that neither you nor your child expected, and that can exceed the value of the gift itself.

Without a properly executed loan agreement or gift deed, there is no record of your intentions – and when your estate is later divided, the transfer may be disputed as an advancement or counted differently between beneficiaries.

How we help you give with confidence

We take the time to understand exactly what you want to achieve and the specific circumstances of the person you are giving to. We advise on the right structure – whether a documented loan, a gift deed, a property transfer with the stamp duty and CGT implications fully mapped, or a gifting strategy that sits within a broader trust framework.

We prepare all of the legal documents so your intentions are recorded clearly, the tax position is managed, and the gift is structured to resist third-party claims. By the time the gift is made, you have the legal certainty that what you worked to accumulate will reach the people you want to have it.

Your path to peace of mind

Three steps to giving with certainty.

Speak and plan

We take time to understand your intentions, your financial position, and the circumstances of the people you want to give to.

Structure your gift

We recommend the right legal structure and map the tax implications before any transfer is made.

Document and protect

We prepare all the paperwork to record your intentions, protect your interests, and ensure your gift reaches its intended destination.

Experienced estate planning lawyers ready to guide your gift strategy.

We understand how it feels to want to help the people you love now – while you are still here to see the difference it makes, not just as an entry in a will they read when you are gone. We also understand the anxiety that comes with giving: the concern about tax consequences you cannot foresee, family dynamics that could sour, or wealth you have spent decades building ending up in the wrong hands.

Our lawyers include Accredited Specialists in Business Law and members of the Society of Trust and Estate Practitioners. Over 25 years, we have helped hundreds of clients structure lifetime gifts across cash, property, and trust arrangements, and we know exactly where the risks lie.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Take the first step

Call us today to speak with one of our experienced lawyers about structuring your lifetime gift properly.

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