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Mortis Causa - Law Dictionary Search Results

Home Dictionary Name: mortis causa

donatio mortis causa

donatio mortis causa [Latin, literally, gift in contemplation of death] : donation mortis causa at donation ...


mortis causa

mortis causa : 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...


Mortis causa donatio

Mortis causa donatio. See DONATIO MORTIS CAUSA....


donation mortis causa

donation mortis causa see donation ...


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 ...


Causa mortis

Causa mortis (in case of death). See Donatio Mortis Causa....


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...


gift causa mortis

gift causa mortis see gift ...


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....


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