Gifts Flashcards
What are the 3 elements of gifts?
- Donative intent
- Delivery
- Acceptance
What is a donative intent?
intent to make a gift NOW
What are the 3 types of Deliveries for gifts?
- Actual
- Constructive
- Symbolic
What is a constructive delivery gift?
allows access to property, almost always a key
What is a symbolic delivery gift?
an object that symbolizes the gift ( a picture of the gift)
What is an acceptance gift?
when law presumes acceptance when gift is of value
what does gift causa mortis mean?
a gift given when one is expecting to die. A promise to given now but revocable until death and reverse if donor lives
What is an inter vivos gift?
a gift given when one is expecting to die - similar to gift causa mortis only conditional
what is the modern view of causa mortis?
enforce the donor’s intents so long as there is clear and convincing evidence, even if it fails to comply with the donor’s will
what is the exception to causa mortis?
if someone says “I want you to have this if I die” that is not a gift causa mortis because it should be in a will
Is a check a gift?
yes, but it’s revocable until the check is cashed
Is a future gift valid?
no
Newman v. Bost
GIFTS
In order to effect a gift, whether causa mortis or inter vivos, the items must be physically delivered to the done where possible.
Is a gift of “all the personal property in the house” appropriately established by handing over the keys to the rooms of the house?
No, in order to legally effectuate the giving of a gift – physical delivery of the item is required where appropriate. If the items are not present or are too large or heavy for manual delivery, then constructive delivery will suffice.
