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deathbed gifts (gift causa mortis, donatio mortis causa) - a future gift made in expectation of the donor's imminent death. A gift causa mortis is not effective unless the donor dies of the impending peril that he or she had contemplated when making the gift, i.e. these gifts can only be made when the donor is in a terminal condition. [5]
donatio mortis causa: a donation in expectation of death: A legal concept in which a person in imminent mortal danger need not satisfy the otherwise requisite consideration to effect a testamentary donation, i.e., a donation by instituting or modifying a will. draco dormiens nunquam titillandus: a sleeping dragon is never to be tickled
donatio mortis causa: deathbed gift Gift causa mortis; "The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective at death but remains revocable until that time."
A donation is called remunerative when inspired by a sentiment of gratitude for services rendered by the donee. Donations are also described as inter vivos if made while the donor yet lives, and causa mortis, when made in view or contemplation of death; the latter are valid only after the death of the donor and until then are at all times ...
In 1845, the definition of "legacy" was expanded to include gifts made by will or testamentary instrument, as well as gifts made as donatio mortis causa. Only the will can determine what constitutes a legacy, and any secret trust outside it cannot change who the legatee is. [19]
Closely connected with the will was the donatio mortis causa, the rules of which have been as a whole adopted in England (see below). An immense space in the Corpus juris is occupied with testamentary law.
The courts are willing to hear cases where the transfer was not completed, providing the intended beneficiaries or trustees have gained an interest through being made executor of the settlor's estate (the rule in Strong v Bird), or the gift was given donatio mortis causa, or where the settlor did all he could do, as in Re Rose, [21] or where it ...
disposed as a donatio mortis causa: disposed as an immediate gift inter vivos: taken as a gift, whenever made, with reservation of benefits: disposed within three years preceding death, either to a trust or as a gift: comprised in a settlement, whenever made: held jointly with one or more other persons, to the extent of the beneficial interest ...