Will Substitutes: Gifs Causa Mortis

Question 1

What is a gift causa mortis?

Answer 1

“gift causa mortis” - a gift of PERSONAL property made in contemplation, fear, or peril of impending death with the intent that it be revoked if giver recovers

PRESUMPTION –> a gift made during the last illness of giver, or under circumstances that would naturally impress giver w expectation of speech death, is PRESUMED to be a gift causa mortis

NOTE –> giver must be suffering from realistic confrontation with death. Abstract fear is not enough (for example, fear of flying, fear of death in war)

Question 2

What are the requirements for gifts in causa mortis?

Answer 2

Subject to the same DELIVERY and ACCEPTANCE requirements of an inter vivos gifts:

1. actual physical delivery
2. constructive delivery (example –> delivering keys or passbook)
3. symbolic delivery (example –> written instrument)

Question 3

What happens to gift causa mortis if giver recovers?

Answer 3

It is revoked by operation of law

NOTE –> as long as donor has failed to recover, gift remains in tact, even if precise cause of death is different

Question 4

What is the rule w regards to revocation of a gift causa mortis?

Answer 4

It is revocable:

1. any affirmative act manifesting intent to revoke
2. by operation of law, if donee fails to survive donor

Question 5

What is the rule w regards to creditor’s claims and a gift causa mortis?

Answer 5

subject to creditor claims of donor’s estate