1L Subsequent possession by gifts
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- a voluntary irrevocable present transfer of property without any consideration
- Focus on chattels and not real
What are the elements of a valid gift?
3 Elements of a valid gift—
what are 2 elements needed for an intent?
intent to transfer the item to the other.
What's the general rule for delivery of a gift?
What are the 3 types of delivery?...define.
G.R.—if an object can be handed over, it must.
Must use the best mechanism of delivery possible
—physically transfer gift of donor to donee.
- II) Constructive—transfer of something that provides access to the gift;
- used only if actual is not possible b/c it’s too large to hand deliver
- III) Symbolic—transfer
- something that represents the item.
Define Inter vivos:
irrevocable present transfer made between living persons without any consideration
What's the test for determining intent of an inter vivos gift v. a will?
Present or future intent to transfer interest?
- The correct test for
- determining donatives intent is whether the maker intended the gift to have no
- effect until after the maker's death, or whether he intended it to transfer
- some present interest. As long as the evidence establishes an intent to make a
- present and irrevocable transfer of title or the right of ownership, there is a
- present transfer of some interest and the gift is effective immediately.
Define causa mortis
- gift made under apprehension of
- immediate approaching death. I
What's the additional element needed for causa mortis to be valid that is not required for inter vivos?
If death does not come, then the gift is revoked.
Same gift elements + donor dies
How is causa mortis to be construed?
- Causa mortis is strictly construed and applied b/c it’s
- an exception to a will. It actually supersedes a will if causa mortis is valid.
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