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5/25/2020 Gift legal definition of gift I Evemote Web
Delivery can only occur when the donor surrenders control of the property. For example,
an individual who expresses the desire to make a gift of a car to another but continues to
drive the car whenever he or she wishes has not surrendered control of the car.

A majority of states are practical about the requirement of a delivery. Where the donor
and the donee reside in the same house, it ordinarily is not required that the gift be

removed from the house to establish a delivery. If the donee has possession of the
property at the time that the donor also gives the person ownership, there is no need to
pass the property back and forth in order to make a legal delivery. Proof that the donor
relinquished all claim to the gift and recognized the donee's right to exercise control over
it is generally adequate to indicate that a gift was made.

In instances where delivery cannot be made to the donee, as when the person is out of the
country at the time, delivery can be made to someone else who agrees to accept the

property for the donee. If the individual accepting delivery is employed by the donor,
however, the court will make the assumption that the donor has not rendered control of
the property and that delivery has not actually been made. The individual accepting
delivery must be holding the property for the donee and not for the donor.

In situations where the donee does not have legal capacity to accept delivery, such
delivery can be made to an individual who will hold it for him or her. This might, for
example, occur in the case of an infant.

Donative Intent Donative intent to make a gift is essentially determined by the donor's
words, but the courts also consider the surrounding circumstances, the relationship of the
parties, the size of the gift in relation to the amount of the donor's property as a whole,

and the behavior of the donor toward the property subsequent to the purported gift.

The donor must have the legal capacity to make a gift. For example, Infants or
individuals judged to be unable to attend to their own affairs have a legal disability to

make a gift.

In addition, an intent to make a gift must actually exist. For example, a landlord who
rents a house to a tenant does not have the intent to give such premises to the tenant, even
though the tenant takes possession for an extended period of time. Similarly, a gift to the

wrong person will not take effect. If an individual mistakenly gives gold jewelry to an
imposter who is believed to be a niece, the gift is invalid because there was no intention
to benefit anyone but the niece.The intent must be present at the time the gift is made. For

example, if one person promises to give a house to an artist "someday," the promise is
unenforceable because there is no intent to make an effective gift at the time the promise

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