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5/25/2020 Gift legal definition of gift I Evernote Web
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Gift legal definition of gift

Gift legal definition of gift

Gift

A voluntary transfer of property or of a property interest from one individual to another,
made gratuitously to the recipient. The individual who makes the gift is known as the
donor, and the individual to whom the gift is made is called the donee.

If a gratuitous transfer of property is to be effective at some future date, it constitutes a
mere promise to make a gift that is unenforceable due to lack of consideration. A present
gift of a future interest is, however, valid.

Rules of Gift-Giving

Three elements are essential in determining whether or not a gift has been made: delivery,
donative intent, and acceptance by the donee. Even when such elements are present,
however, courts will set aside an otherwise valid gift if the circumstances suggest that the
donor was, in actuality, defrauded by the donee, coerced to make the gift, or strongly

influenced in an unfair manner. In general, however, the law favors enforcing gifts since
every individual has the right to dispose of Personal Property as he or she chooses.

Delivery Delivery of a gift is complete when it is made directly to the donee, or to a third

party on the donee's behalf. In the event that the third person is the donor's agent, bailee,
or trustee, delivery is complete only when such person actually hands the property over to
the donee.

A delivery may be actual, implied, or symbolic, provided some affirmative act takes
place. If, for example, a man wishes to give his grandson a horse, an actual delivery
might take place when the donor hires someone to bring the horse to the grandson's farm.
Similarly, the symbolic delivery of a car as a gift can take place when the donor hands the

keys over to the donee.

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