Personal Property- Gifts

Question 1

Types of Gifts

Answer 1

1. intervivos gifts
2. Gift Causa Mortis
   3.Testamentary gifts

Question 2

Intervivos gifts

Answer 2

while alive. irrevokable.

Question 3

Inter vivos elements

Answer 3

1. donative intent “i wanna give”
   
   • immediate transfer of property
2. delivery
   
   • delivered to the donee, so that the donor parts with dominion and control.
     a. manual- occurs when the donor physically transfers possession of the item to the donee
     b. constructive- requires that the donor physically transfer an object that provides access to the gist (allowed if manual delivery is impractical/impossible).
     c. Symbolic- the donor physically transfers to the donee an object that represents or symbolizes the gifted item (in many jurisdictions, only allowed if manual is impractical/impossible)
3. acceptance
   
   • the donee must accept the property- acceptance of a valuable item is presumed.

Question 4

Testamentary Gifts

Answer 4

testamentary gift transfers an interest to the donee only in the future when the donor dies.

Question 5

Gift Causa Mortis

Answer 5

a gift of personal property made by a living person in contemplation of death.
- Immediately effect when made but revocable

Question 6

Gift Causa Mortis Elements

Answer 6

1. Donatative intent
2. delivery
3. acceptance
4. Donor’s anticipation of imminent death
5. Death- some jurisdictions cannot revoke gift if the donor does not die.

Question 7

In re Estate of Oaks (does suicide count?)- Gift Causa Mortis example

Answer 7

facts- man who kills himself writes note giving his property to his gf instead of his daughter. the daughter sues that she was not in his right mind upon writing that note based on the suicide.

• ANALYSIS- in cases of suicide, a gift cause mortis can be valid if the suicide was the result of the donor’s present mental illness and the gift was made by the donor inc contemplation of death from that present mental illness.
• HOW THE ELEMENTS WERE MET:
  
  • Donative intent- the donor had intention to make gift effective at death
  • delivery donor’s- write a note giving “all world belongings.”
  • anticipation of imminent death- donor made the gift view to donor’s death from present illness (mental illness)
  • death- donor died of anticipated ailment- here the donor had PTSD and the death certificate listed that death was due to self inflicted gunshot die to depression.