Gifts

Question 1

the immediate transfer of property rights from the donor to the donee without payment or other consideration

Answer 1

Gift

Question 2

the person making the gift

Answer 2

Donor:

Question 3

the person receiving the gift

Answer 3

Donee:

Question 4

Immediate transfer of property between two living persons (ordinary type of gift)

Answer 4

Inter vivos gift

Question 5

Transfer of property made in the future when the donor dies, usually pursuant to a will

Answer 5

Testamentary gift

Question 6

Transfer of property made by a living person in contemplation or anticipation of imminent death

Answer 6

Causa Mortis gift

Question 7

Recognized only in some states

A gift that is conditioned on the occurrence of an action or event (example: engagement ring)

Answer 7

Conditional gift

Question 8

Donative intent

Delivery

Acceptance

Answer 8

Elements of Inter vivos Gift

Question 9

Donor must intend to make an immediate transfer of the property

Answer 9

Donative intent

Question 10

Property must be delivered to the donee such that the donor parts with delivery and control of the item

Answer 10

Delivery

Question 11

Donee must accept the property

Acceptance is usually presumed if the item benefits the donee or is of value


Answer 11

Acceptance

Question 12

The person claiming to be the donee has the burden of proving each element by _____ & _______ _______

Answer 12

clear and convincing evidence

Question 13

Actual / Manual

Constructive

Symbolic

Answer 13

Types of Delivery

Question 14

When the donor physically transfers possession of the gifted item to the donee

Answer 14

Actual / Manual

Question 15

When the donor physically transfers possession of an object that provides access to the gifted item
Example: keys to a car

Answer 15

Constructive

Question 16

When the donor physically transfers possession of an object that represents or symbolizes the gifted item

Answer 16

Symbolic

Question 17

An __________ gift is a voluntary transfer from one person to another that is immediately effective

Answer 17

inter vivos

Question 18

A gift intended to take effect in the future (____________) is not valid unless the requirements of the Statute of Wills are met

Answer 18

a testamentary gift

Question 19

A check is an order authorizing the bank to pay and is revocable prior to payment
Because it is revocable, there is no valid gift until the check is cashed
Cashier’s check
Stronger evidence of delivery than a personal check because the donor does not retain dominion and control over the funds

Answer 19

Gifts by Check

Question 20

An engagement ring is a conditional gift that is not completed unless the wedding occurs
This is the rule in most states

Answer 20

engagement ring - Majority rule

Question 21

Some jurisdictions follow the rule that ownership of the engagement ring is awarded to the party that was not at fault for the cancellation of the wedding
Other jurisdictions follow the rule that the engagement ring constitutes an irrevocable, completed inter vivos gift when accepted (see Albinger v. Harris)

Answer 21

engagement ring - minority viewpoints

Question 22

A gift _____________ is a gift of personal property made by a living person in contemplation of his/her imminent death (think: “death bed wishes are granted”)

Answer 22

causa mortis

Question 23

Donative intent
Delivery
Acceptance
Donor’s anticipation of imminent death and donor’s actual death from the illness or peril which he anticipated

Answer 23

Gifts Causa Mortis

Elements

Question 24

The gift is made in contemplation, fear, peril or anticipation of imminent death, and
the donor dies as a result of such illness or peril
Gifts ______ _______ are revocable by the donor at any time prior to the donor’s death, or
If the donor does not die of the impending peril, or
If the donor recovers from the illness

Answer 24

causa mortis

Question 25

Modern trend is that a gift causa mortis will be upheld if the gift is made in contemplation of _________ and the donor completes the act

Answer 25

suicide