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5/25/2020 Gift legal definition of gift I Evemote Web
operate to make the gift invalid. If, for example, the donor reserves the power to revoke a
gift, there is no gift at all.

Causa Mortis Gifts A gift causa mortis (Latin for "in contemplation of approaching
death") is one that is made in anticipation of imminent death. This type of gift takes effect
upon the death of the donor from the expected disease or illness. In the event that the

donor recovers from the peril, the gift is automatically revoked. Gifts causa mortis only
· apply to personal property.

A donor who is approaching death might make a gift by putting his or her intention in
writing. This procedure is likely to be followed, when, for example, the donee is in

another state, and personal delivery is thereby impractical. The delivery requirement is
frequently relaxed when a causa mortis gift is involved, since a donor is less likely to be
able to make an actual delivery as his or her death approaches. A symbolic delivery is

frequently sufficient to show that a gift was made, provided at least some effort to make a
delivery is exercised. The Overt Act aids a court in its determination as to whether a
delivery has been made.

The difference between a gift causa mortis and a testamentary gift made by will is that a
will transfers ownership subsequent to the death of the donor, but a gift causa mortis
takes effect immediately. In most states, the donee becomes legal owner of the gift as
soon as it is given, subject only to the condition that the gift must be returned if the donor

does not actually die.

The requirements of a causa mortis gift are essentially the same as a gift inter vivos. In
addition, such a gift must be made with a view toward the donor's death, the donor must
die of the ailment, and there must be a delivery of the gift.

Gifts causa mortis are usually made in a very informal manner and are frequently made
because dying people want to be certain that their dearest possessions go to someone they

choose.A donor who is approaching dea� might make a gift by putting his or her
intention in writing. This procedure is likely to be followed, when, for example, the
donee is in another state, and personal delivery is thereby impractical. The courts only
permit the donee to keep the gift if the donor clearly intended the gift to take effect at the
time it was made. If the gift is made in writing in a will and is intended to become

effective only after the donor dies, the gift is a testamentary one. The law in each
jurisdiction is very strict about the features that make a will valid. One requirement, for
example, is that the will must be signed by witnesses. If the donor writes down that he or

she is making a gift, but the writing is neither an immediate gift nor a witnessed will, the
donee cannot keep the gift.

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