Gifts Made in Contemplation of Death | Equity & Trusts

Subscribe to my personal channel for videos on how to study law effectively & efficiently:    / @heygarethevans   Donationes mortis causa: where the donor makes a gift conditional upon, and in contemplation of death, then title will pass upon the death of the donor.

i) The donor must be contemplating the real possibility of his death: this may be because of illness, going on active service or a hazardous trip. The mere reflection that we all die does not suffice to make a donatio mortis causa; nor does a gift conditional on death automatically become a donatio mortis causa: death must be either imminent or a real possibility.

ii) The gift, or title to or means to obtain the gift, must be physically delivered to the donee. This may be the chattel itself or something like a bank-book, cheque or title deeds. A gift should be distinguished from a bailment, to place the goods in safe keeping

iii) The gift should be conditional upon death, and does not take effect if the donor recovers or survives

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