Gifts Flashcards
Inter vivos
Causa mortis
Present transfer of interest, only difference between any other gift is that it is REVOCABLE
ex. ill give you this car when i die, i
donor expects imminent demise but gift is revocable upon recovery
Requirements for gifts
Gifts have to be given in THE MOMENT
Acceptance
Intent
Delivery
Types of Delivery
Constructive
Intent
Intent in gifts is not “normal” intent…
“I want to give you” is not intent
“I am giving you this” is intent
inter vivos
donor is in good health and has full capacities
gifts v wills
wills are a passing of property upon death of the donor only + statute of wills requires that must be in writing and in the presence of a witness
life estate
possessory rights for the duration of the recipients life
reversion : back to grantor
remainder: to somoene else