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1751928
Gifts
Description
Possession; Property Law; Gifts
No tags specified
property law
Mind Map by
Lois Boateng
, updated more than 1 year ago
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Created by
Lois Boateng
almost 10 years ago
30
1
0
Resource summary
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
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