1L Subsequent possession by gifts

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1L Subsequent possession by gifts
2011-08-30 18:23:06
1L Property subsequent possession gifts

subsequent possession by gifts
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  1. Define gift
    • a voluntary irrevocable present transfer of property without any consideration
    • received

    • A)
    • Focus on chattels and not real
    • property
  2. What are the elements of a valid gift?
    3 Elements of a valid gift—

    A) Intent

    B) Delivery

    C) Acceptance
  3. what are 2 elements needed for an intent?
    • irrevocable
    • present

    intent to transfer the item to the other.
  4. 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

    I) Actual—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.
  5. Define Inter vivos:
    irrevocable present transfer made between living persons without any consideration
  6. 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.
  7. Define causa mortis
    • gift made under apprehension of
    • immediate approaching death. I
  8. 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
  9. 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.