A gift in contemplation of death is a gift of personal property by a person who is expecting to die soon due to ill health or age. Sometimes, this type of gift is called Gift Causa Mortis. Usually, this type of gift happens surprisingly often. This type of gift is very common among the people who are living their last days. They like to gift make sizable gifts to caregivers and loved ones.
There are three requirements for gifts made in contemplation of one’s immediate death. They are:
1. The gift must have been in the contemplation of death;
2. The donor must ensure there is the delivery of the subject matter of the gift to the donee (recipient of the gift);
3. The gift must be made under such circumstances that show that gift may be revoked should the donor recover.
So according to the above requirements, these types of gifts are conditional gifts. In fact, the gift is conditional upon death. When a death occurs the gift takes effect retrospectively and is effective from the date that the gift was initially made.
Related Legal Terms & Definitions Of Gift In Contemplation Of Death
Gift Causa Mortis: A type of gift that is made in contemplation of one’s death. This type of gift can be given causa Mortis, in anticipation of the death of the gift giver during the life of the gift giver.
Gift Inter Vivos: This type of gift is made from one or more persons, without any prospect of immediate death, to one or more others. This type of gift can be made by the giver at any time.
Donatio Mortis Causa: This type of gift refers to contracts, legacies in the prospect of someone’s death. According to the Civil Law defense when anything is given upon the condition that if the donor dies, the donee shall possess it absolutely, or return it if the donor should survive, or should repent of having made the gift, or if the donee should die before the donor.
FAQs About Gift In Contemplation Of Death
1. What Is Inter Vivos Transfer?
An inter vivos transfer refers to the transfer of property that is made during a person’s lifetime. Though, this type of transfer can be contrasted with a testamentary transfer. A testamentary transfer is made in a will after death.
2. What Is A Deathbed Gift?
A deathbed gift is a type of gift that is made in contemplation of death and it can override the usual formalities for making a will. It means if someone presents a deathbed gift then the gift recipient can have it without the requirements of the Wills Act 1837. This type of gift is formally known as Donatio Mortis Causa.
3. What Is A Deed Of Donation Mortis Causa?
The deed of donation Mortis causa is; nothing is conveyed to or acquired by the donee until the death of the donor-testator.
5. Which Of The Following Is Needed For A Valid Gift?
6. Can A Gift Inter Vivos Be Revoked?
No, a gift inter vivos cannot be revoked. In fact, an inter-vivos gift is irrevocable. It means if the gift is given to the beneficiary then the donor has no rights in the gift and he/she cannot take back the gift.