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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]
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]
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." [7] dramatis personae: persons of the drama
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
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 ...
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 ...
Historically, the courts have felt it more important to uphold the rights of the putative beneficiary and to avoid the unjust enrichment of the legatee than to uphold the general rule of public policy that property must devolve by will on death. The All-Woman Supreme Court in Texas was convened to deal with the results of a secret trust. [2]
The Titles to Land Consolidation (Scotland) Act 1868 (31 & 32 Vict. c. 101) made it competent to any owner of lands to settle the succession to the same in the event of death by testamentary or mortis causa deeds or writings.