Gifts

Question 1

Elements of a gift

Answer 1

1) Delivery (can be constructive)
2) Acceptance (can be constructive) by the donee and
3) Intent on the part of the donor to make an irrevocable transfer of the property rights in the object

Question 2

5 requirements of a testamentary intent gift

Answer 2

1) Intent reflected in will
2) Free from undue influence or fraudulent pressure of others
3) Have the mental capacity to form the intent to make a gift
4) Must comprehend making a gift that will become effective upon death and
5) Not revoke her will or otherwise dispose of the property prior to death

Question 3

Causa Mortis

Answer 3

• Conditional gift made in anticipation of death
• Condition = death
• Req: 1) immediate transfer of posession and 2) donor must die in near future of whatever pril motivated

Often challenged in 3 ways
a) When the gift is so close to death as to essentially constitute a testamentary gift that would require adherence to the will formalities
b) When the giver recovers and wishes to revoke
c) When the giver dies shortly after but not by feared cause