Gift

Question 1

What are the three requirements to make a gift of personal property?

Answer 1

1) Intent – to make a present transfer of existing interest in a property
2) Delivery – must hand over the property with the manifested intention of making a gift.
3) Acceptance – by the done. Presumed upon delivery, unless refused.

• Once delivered = Irrevocable

Question 2

What is Constructive Delivery?

Answer 2

handing over a key or some object that will open up access to the gift. (not allowed unless manual delivery is Impractical or impossible)

Question 3

Symbolic Delivery

Answer 3

Written Statement of a gift. (not allowed unless manual delivery is Impractical or impossible)

Question 4

Gift - Causa Mortis

Answer 4

Two Requirements:

1) Intention to make a gift
2) Delivery
- Newman v. Bost - Statute of Frauds in Wills is in Conflict
- Gift Causa Mortis should be strictly construed to include only MANUAL / Actual Delivery.