Gift Causa Mortis

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Definition of 'Gift Causa Mortis'

A gift causa mortis is a gift made in contemplation of death. It is a type of conditional gift, meaning that it is only effective if the donor dies before the donee. If the donor does not die, the gift is revoked.

There are a few things to keep in mind when making a gift causa mortis. First, the gift must be made in writing and signed by the donor. Second, the gift must be delivered to the donee. Third, the donor must have the intent to make a gift and must know that death is imminent.

If all of these conditions are met, the gift causa mortis will be effective if the donor dies. However, if any of these conditions are not met, the gift will be revoked.

There are a few advantages to making a gift causa mortis. First, it can avoid probate, which is the process of going through the deceased's estate after death. Second, it can provide for loved ones who may not be included in the will. Third, it can provide tax benefits.

However, there are also a few disadvantages to making a gift causa mortis. First, it can be difficult to prove that the gift was made in contemplation of death. Second, the gift may be revoked if the donor recovers from their illness or injury. Third, the gift may be subject to estate taxes.

If you are considering making a gift causa mortis, it is important to speak to an attorney to discuss the pros and cons and to make sure that the gift is properly executed.

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