Deathbed gifts:
do they exist and
are they valid?
Sometimes, a gift is given by a person who contemplates that they may die soon. This is known as a “gift in
contemplation of death” but is commonly referred to by its Latin translation of “donatia mortis causa.”
A gift of this type is ordinarily made by people who are very ill or due to undergo serious surgery and make a gift
during their lifetime which will take effect on their death. As no legal documentation (or any documentation for
that matter) is required to make a donatia mortis causa, there are few rules which apply. In addition, there is no
need for probate or execution unlike a Will.
What are the Conditions for these Type of Gifts?
To qualify as a donatio mortis causa:
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The gift must be made by the donor in contemplation of the donor’s impending death.
The gift must be contingent on the donor dying.
The donor must part with the gift or deliver it in some way to the donee.
The subject-matter of the gift must be capable of being given away in this manner.
If there was a gap of several months after the gift had been made and at the time of the gift being made, the
donor was not seriously ill/contemplating death from a known cause, the gift will simply not stand.
Who has Ownership of the Gift when it is Made?
Once the gift is made, the donor would give up control of the gift as soon as it made to the donee.
However, the donee would not absolutely own the gift until the donor has deceased. The reason for this is
because if they survived the illness or operation (as per the examples used above), the gift would simply be
void and the donee would no longer have any ownership right to it. The donor can revoke the gift at any time
before their death which is why the donee would only own the gift on the death of the donor,
Are Deathbed Gifts Valid?
Deathbed gifts are perfectly valid providing the above conditions are met.
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the society of will writers