Zusammenfassung der Ressource
Gifts
- Inter vivos transfer
- B) Deed
- 1. Perfected under deed
- 2. No actual delivery required
- 3. Deed becomes effective once grantor shows intent to be bound
- A) Trust
- C) Delivery
- 1. Intent to make a gift
- 2. Intent of recipient to accept gift
- 3. Delivery
- Legal Act to complete gift
- No continuing control or power in the donor
- Actual, constructive or symbolic
- Symbolic delivery: goods are unable to be transferred manually so another object handed in its name
- Constructive Delivery
- 1. When possession is already in the hands of donee
- 2. Handing over all effective means of control of the object
- Must be with the knowledge & consent of donor
- Unfulfilled gift will be treated as complete if donee becomes an excutor under donor's will
- "words of present gift" or infer intent
- Donative intention during delivery
- Caution when determining intent of deceased person
- Donatio mortis causa
- 1. Impending death from an existing peril
- 2. Delivery of the subject matter
- 3. The gift is only to take effect upon death and will revert to the donor should he/she recover