Gift Causa Mortis - Law Dictionary Search Results
Home Dictionary Name: gift causa mortisgift causa mortis
gift causa mortis see gift ...
gift
gift 1 : an intentional and gratuitous transfer of real or personal property by a donor with legal capacity who actually or constructively delivers the property to the donee with the intent of giving up dominion over the property and investing it in the donee who accepts it ;broadly : a voluntary transfer of property without compensation see also delivery compare donation, sale class gift : a usually testamentary gift of a sum to a group of unspecified persons whose number and identity and share of the gift will be determined sometime in the future (as at the death of the donor) com·plet·ed gift : a gift in which the dominion and control of the property is placed beyond the donor's reach gift cau·sa mor·tis [-kȯ-zə-mȯr-tis, -ka-sÄ -mȯr-tēs] pl: gifts causa mortis : a gift of esp. personal property made in contemplation of impending death that is delivered with the intent that the gift take effect only in the event of the donor's...
causa mortis
causa mortis [Latin mortis causa in contemplation of death] : made or done in contemplation of one's impending death [rejected his claim that the gift was causa mortis "W. M. McGovern, Jr. et al."] usually used following the term it modifies see also gift causa mortis at gift compare inter vivos ...
donation
donation 1 : the making of an esp. charitable gift 2 in the civil law of Louisiana : a voluntary transfer of ownership of property from one person to another compare sale dis·guised donation : a transfer of property (as a sale) that does not have a sufficient reciprocal consideration (as a proportional price) so that it is considered a gratuitous donation and must meet the statutory requirements for a donation (as a notarial act) to be valid called also donation in disguise compare simulation donation in·ter vi·vos [-in-tər-vī-vōs, -in-ter-vē-vōs] : a donation that transfers property owned by the donor and that takes effect upon the donee's acceptance compare gift inter vivos at gift donation mor·tis cau·sa [-mȯr-tis-kȯ-zə, -mȯr-tēs-ka-sÄ ] : a donation that is to take effect on the donor's death and that is revocable compare gift causa mortis at gift 3 : something that is transferred by a donation...
delivery
delivery pl: -er·ies : an act that shows a transferor's intent to make a transfer of property (as a gift) ;esp : the transfer of possession or exclusive control of property to another actual delivery : a delivery (as by hand or shipment) of actual physical property (as jewelry or stock certificates) conditional delivery : a delivery after which ownership will be transferred upon fulfillment of a condition compare gift causa mortis at gift NOTE: A conditional delivery is usually made in order to make a transfer revocable. constructive delivery : a delivery of a representation of property (as a written instrument) or means of possession (as a key) that is construed by a court as sufficient to show the transferor's intent or to put the property under the transferee's control called also symbolic delivery ...
inter vivos
inter vivos [Late Latin] : between living persons [an inter vivos transfer] see also donation inter vivos at donation gift inter vivos at gift inter vivos trust at trust compare causa mortis ...
Donatio mortis causa
Donatio mortis causa, a gift of personal property in prospect of death; a death-bed disposition; an inchoate gift of personalty consummated by the giver's death.It is derived from the Civil Law; Justinian's Inst. Lib. 2, tit. 7, shows its nature. To render this kind of gift valid, it (1) must be made by the giver, when ill, in anticipation of his death; (2) must be intended to take effect only upon his death by his existing illness, for his recovery from that illness, or his subsequent personal revocation of the gift, as by resuming its possession, will defeat it; and (3) a traditio or delivery, either actual or symbolical, of the subject of the gift, or of the instrument which represents it, must be made to the donee, either for his own use, or upon trust for another person, or for a particular purpose. The gift of a cheque upon the donor's banker is not good as a donatio mortis causa, because it is a gift which can only be made effectual by obtaining payment of it in the donor's life...
donatio mortis causa
donatio mortis causa [Latin, literally, gift in contemplation of death] : donation mortis causa at donation ...
Accounts duties
Accounts duties. Duties first made payable by the (English) Customs & Inland Revenue Act, 1881 (44 & 45 Vict. C. 12), s. 38, at the same rates as the Probate Duties, upon a donatio mortis causa (q.v.); upon the gift inter vivos of a donor dying within three months; on joint property voluntarily so created and taken by survivorship; and on property taken under a voluntary settlement in which the settlor had reserved a life interest. These duties were in name superseded by the 'Estate Duty' imposed by the (English) Finance Act, 1894 (57 & 58 Vict. C. 30), the property chargeable under the (English) Customs & Inland Revenue Act, 1881, s. 38, being included in the classes of property deemed by the (English) Finance Act, 1894, to 'pass' by death and thus chargeable with the new 'Estate Duty' and the original provisions affecting gifts inter vivos, voluntary settlements, etc., have been considerably amended by subsequent legislation. See ESTATE DUTY....
Donatio inter vivos
Donatio inter vivos, a gift made by some one not in prospect of death, as distinguished from donatio mortis causa (q.v.). It is constituted by an intention to give coupled with such acts as are necessary to give effect to such intention. If the donor dies within three years the subject-matter, if over 100l. in value, is generally subject to estate duty, unless given in consideration of marriage or a normal expenditure. (English) [Finance (1909-10) Act, 1910, s. 59)....
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