WILL SUBSTITUTES

Question 1

Issues

Answer 1

Gifts causa mortis
Totten trusts

Question 2

Gifts causa mortis

Answer 2

A gift made in contemplation of imminent death

Question 3

Property that can be the subject of a gift causa mortis:

Answer 3

personal property only; no gifts of real property.

Question 4

Gift Causa Mortis: Donor must make a delivery of the property to donee. Delivery can be one of three forms:

Answer 4

Actual,

symbolic, or
constructive delivery.

Question 5

Constructive delivery CL View:

Answer 5

what is given to the donee is a key, that unlocks a box or room, in which is located the corpus, which is too big or bulky for a manual delivery. The key can be literal, or
figurative, such as a treasure map that would lead
one to the buried treasure. Thus, the heart to a
common law constructive delivery is the opening
of access to a room wherein is the corpus, that is
too big, or bulky, or otherwise unavailable.

Question 6

Constructive delivery Modern View

Answer 6

A constructive delivery will be found whenever the donor has done everything possible to effectuate a delivery, and
there is no issue of fraud and mistake.

Question 7

If donor survives the peril….

Answer 7

the gift is revoked by operation of law.