III. Law of Gift

Question 1

Gift

Answer 1

A voluntary transfer of property from one person (the donor) to another (the donee) without payment of consideration.

Question 2

Gift inter Vivos

Answer 2

A gift made during a person’s lifetime without threat of impending death.
Irrevocable and vests immediately in the donee.

Question 3

Gift Causa Mortis

Answer 3

A gift made while a person is in fear of impending death.
Revocable by the donor anytime prior to death. If the donor recovers from the illness, the gift is considered revoked. Title to a gift causa mortis passes immediately when the gift is given, but is conditional upon the death of the donor.

Question 4

Acquisition by Gift- 3 Requirements to make a gift of personal property (Inter Vivos)

Answer 4

1. Donor must intend to make a present transfer of an existing interest in the property.
2. Donor must deliver possession to the donee with the manifested intention to make a gift.
3. Acceptance by the donee is also required, but seldom an issue

Question 5

Donative Intent

Answer 5

The donor must intend an immediate passage of title, even if actual possession of the property by the donee may not occur until a later date.

Question 6

Acceptance by Donee

Answer 6

Acceptance is often presumed, especially where the gift is of value or where the donee has not rejected the gift. Proof of acceptance can also be shown by the donee’s exercise of control over the gift.

Question 7

Delivery

Answer 7

Requires that the donor be divested of dominion and control over the object. Can be physical, constructive, or symbolic or by 3rd party

Question 8

Physical Delivery

Answer 8

If a chattel can be handed over, it must be physically delivered. If the donee already has possession, redelivery is not required if the donor no longer has dominion and control.

Question 9

Constructive Delivery

Answer 9

Delivery of an object that represents or gives access to the subject matter of the gift.

Question 10

Symbolic Delivery

Answer 10

Delivery of an object that is meant to represent the gift, such as a writing (a deed of gift) that describes the gift, identifies the donee, and identifies the donative intent to make a present transfer of the property.

Question 11

Delivery by third party

Answer 11

gift may be delivered by 3rd party. depends on whether the 3rd party is an agent of the donee/donor. If 3rd party is agent of donor, the delivery to the donee is required for the gift to be valid. if 3rd party is agent of the donee, the gift is valid when the gift is given to the agent with instructions for delivery.