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Gift Causa Mortis





CONDITIONS

The conditions of this kind of gift are:
  • The donor must intend to make the gift and have the sufficient mental capacity to understand the consequences.

  • There must be actual or constructive delivery of the gift to the donee and acceptance of the gift by the donee.


In addition, the donor must make the gift in contemplation of his or her imminent death (he/she is thinking about and expects it) or else the gift is automatically revoked.


EXCEPTIONS

A general contemplation of eventual death is insufficient to support a gift ''causa mortis''. To be effective and result in a permanent transfer of ownership, the donor must, die of the causa which placed him/her in contemplation of death. If the donor recovers or dies from some other cause the gift is revoked. Also, the donor must not revoke the gift himself/herself before death and the donee must survive the donor.


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