Gift

Question 1

Elements Needed to Establish an Inter Vivos Gift

There are three elements necessary to establish an effective inter vivos gift. These elements are:

Answer 1

1. Donative Intent. The donor must have the intent to make a present transfer of ownership of the property to the donee. (Immediate transfer)
2. Delivery. The donor must make an effective delivery of the object of the gift to the donee.
3. Acceptance. The donee must accept the object of the gift. Acceptance of a gift is usually presumed where the object of the gift is beneficial to the donee.

Question 2

Delivery

In contrast, the delivery requirement exists to assure that there is an act or acts that provide some objective manifestation of the donor’s subjective intent — i.e.,

Answer 2

Some action that corroborates the donor’s intent to make a presently effective gift.

Typically, the law requires the donor to satisfy the delivery requirement by physical (manual) delivery of the object of the gift to the donee.

“beyond his dominion and control.”

Question 3

—Constructive delivery.

Answer 3

A constructive delivery occurs when the donor transfers to the donee something that provides the donee with the ability or means to exercise dominion and control over the object of the gift. Courts sometimes permit constructive delivery where manual delivery is impossible or impractical. For example, if Jane wanted to give her son Bill a 1,500-pound safe and its contents, a court might conclude that Jane’s action of giving her son the combination to the safe was a sufficient constructive delivery.

Question 4

—Manual (or actual or physical) delivery.

Answer 4

This is the type of delivery that the law typically requires, and it involves the donor placing the object of the gift within the actual, immediate physical control of the donee.
-manual delivery provides the most unmistakable corroboration of donative intent.

Question 5

constructive delivery.

Answer 5

When the object of the gift is not capable of being physically delivered, or where physical delivery would be impractical under the circumstances, the law permits the donor to make a *constructive delivery — by delivering to the donee the means to permit the donee to exercise dominion and control over the object of the gift.

Question 6

symbolic delivery

Answer 6

“Title certification” statutes in all states provide that motor vehicles are to be registered with the state and covered by title certificates. Under these certification statutes, the title certificate is treated as being symbolic of ownership of the vehicle.

Question 7

Define

testamentary gift

Answer 7

..a gift of property that takes effect to pass ownership to the donee only upon the death of the donor.

Question 8

What does a will “speaks as of the death” of its author (called the “testator” if male or the “testatrix” if female) mean?

Answer 8

This means that X’s will is only legally effective to transfer title to X’s property to the designated recipients (often called “devisees,” “legatees” or “beneficiaries”) as of the moment of X’s death.

Question 9

A testamentary gift only takes effect at the moment of the death of the testator/testatrix.

Answer 9

In fact, unless donor makes a valid inter vivos transfer of CALIacre to donee, donee will not obtain any interest in CALIacre unless all three of the following conditions are satisfied:

(1) Donor dies
(2) Prior to her death, Donor has not made a valid inter vivos transfer of CALIacre to anyone else, AND
(3) Prior to her death, Donor has not revoked the will which named Donee as devisee of CALIacre.