Subsequent Possession: Gift Flashcards
What are the requirements for acquisition by gift?
- Intent
- Delivery
- Acceptance
What is a gift inter vivos?
A gift completed during the donor’s life
Is an inter vivos gift conditional or revocable?
No, it is unconditional and irrevocable.
What is a gift causa mortis?
A gift made in contemplation of, and in expectation of, immediately approaching death.
The donor has to die of the cause / situation from which they feared imminent death.
Is a gift causa mortis conditional or revocable?
Yes, it is both conditional and revocable.
What is the effect of the donor’s survival in a gift causa mortis?
Traditional view: automatic revocation of the gift
Modern trend: donor has to revoke the gift.
- If the donor survives without revoking the gift within a reasonable time after the donor is no longer in apprehension of immediate death, the power of revocation terminates
If the donee is already in possession of the gifted item, must the donor redeliver it?
Inter vivos gift: no
Causa mortis gift: yes
What is donative intent?
The donor must intend to make a present transfer of an existing interest in property.
The donor must intend to be legally bound now - not in the future.
The donor must be aware / know what they are doing.
Does intent need to be stated expressly?
No, it can be inferred through the donor’s words and actions.
What is required for delivery of a gift?
The donor must transfer possession (hand over the property) to the donee with the manifested intention to make a gift to the donee.
What are the three types of delivery of a gift?
- Manual (actual)
- Constructive
- Symbolic
What is manual delivery of a gift?
When the donor physically transfers (hands over) possession of the object to the donee.
If an item can be handed over, it MUST be.
What is constructive delivery of a gift?
When the donor physically transfers to the donee the means to access or to control the gift.
Ex: the combination to a safe, a gift card for donuts, keys to a piece of furniture of a safety-deposit box
What is symbolic delivery of a gift?
When the donor physically transfers to the donee an object that represents or symbolizes the subject matter.
Ex: a written instrument declaring a gift of the subject matter (a letter or birthday card)
Must acceptance of a gift be proven?
No, courts presume acceptance upon delivery, unless a donee expressly refuses a gift.
