Gifts - Jan. 12, 17

Question 1

What does inter vivos mean? (Barros)

Answer 1

Inter vivos means during life. (55)

Question 2

What are the elements of a valid inter vivos gift of personal property? (Barros)

Answer 2

(1) Donative Intent
(2) Delivery
(3) Acceptance (55)

Question 3

What are the subparts (questions) of intent for purposes of gifts? (Barros)

Answer 3

(1) Did the donor intend to make a gift?
(2) Did the donor intend to make a gift during life, or did the donor intend to give a gift at death? (55)

Question 4

What are the three types of delivery? (Barros)

Answer 4

(1) Actual
(2) Constructive
(3) Symbolic (55)

Question 5

What is actual delivery? (Barros)

Answer 5

Involves an actual physical transfer of the object from the donor to the donee. (55)

Question 6

What is constructive delivery? (Barros) (GG)

Answer 6

Involves the transfer of some object, usually a key, that will give access to the property that is the subject of the gift. (56) Provides the donee with means of access allowing the donee to acquire physical possession. (28)

Question 7

What is symbolic delivery? (Barros)

Answer 7

Involves the transfer of a written document that evidences intent to make a gift of personal property. (56)

Question 8

When is acceptance of a gift presumed? (Barros)

Answer 8

Acceptance of a gift is presumed so long as the object has some value. As a result, this element is rarely an issue in disputes over gifts. (56)

Question 9

What kind of gift is an exception to the irrevocability of an inter vivos gift? (Barros)

Answer 9

A gift causa mortis. (56)

Question 10

What is a gift causa mortis? (Barros) (GG)

Answer 10

A gift causa mortis is one that is made when the donor expects to die soon. If circumstances change, and the donor recovers, then the gift causa mortis is revocable. Gifts causa mortis are otherwise identical to other inter vivos gifts. (56) The gift is revocable. The donor has the right to revoke prior to death, assuming the donor has remained mentally competent. (31)

Question 11

What is donative intent? (GG)

Answer 11

The donor must intend to give the property to the donee. (25)

Question 12

What is delivery? (GG)

Answer 12

The donor must deliver the subject matter of the gift to the donee. (26)

Question 13

What is acceptance? (GG)

Answer 13

The donee must accept the gift. (26)

Question 14

What happens when an inter vivos gift is given and accepted? (GG)

Answer 14

This means the donee has title, and a donor has no right to change her mind and retrieve the chattel. (26)

Question 15

What is manual transfer of the chattel? (GG)

Answer 15

Manual transfer is the actual physical transfer of possession of the chattel to the donee. (27)

Question 16

When must a gift causa mortis’ delivery take place? (GG)

Answer 16

The delivery must take place before the owner dies. (30)

Question 17

What is a mnemonic for a donative transfer? (Piper)

Answer 17

A donative transfer requires AID:
A – ACCEPTANCE by donee
I – INTENT to make immediate gift
D –Proper DELIVERY of a signed & acknowledged deed