Also known as: donative intents · donor intent · intent to gift
Written by attorneys · grounded in primary & secondary sources — see below
The mental state required for a valid gift. It consists of a present intent to transfer ownership of property gratuitously without receiving consideration in return.
Pioneer Transit told its driver Rodney that the company wanted to give him an older semi-truck as a retirement present and let him drive it home. No bill of sale or title was executed and the company kept the truck on its insurance and loan documents. Because the company never completed a transfer of ownership interest, the attempted gift failed despite the stated desire to benefit Rodney.
Victor Gruen wrote his son Michael two letters stating that he was giving Michael a valuable Klimt painting while reserving a life estate for himself. The letters expressed a present intent to transfer the remainder interest immediately even though physical delivery of the painting was deferred. The court found donative intent satisfied and upheld the completed gift of the future interest.
Select any source to read its text and confirm it supports the definition.
Before jumping from a building, a woman left a signed note on her car directing that its contents go to her roommate. The note showed a present intent to transfer ownership of the car and its contents at that moment. The court held that the note supplied both donative intent and constructive delivery, completing the gift causa mortis.
Donative intent requires only the purpose to transfer ownership gratuitously. Motive concerns the reasons behind the transfer and does not control whether a gift occurred.
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Courts accept circumstantial evidence of intent. Family relationships and the absence of consideration often support a presumption that the transfer was made with donative intent.
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Only the portion transferred without consideration qualifies as a gift and must be supported by donative intent. An arm's-length bargain for fair value creates no gift even if the buyer receives a good deal.
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No. Donative intent must exist at the time of the transfer. Later expressions of regret or changed feelings do not undo a completed gift.
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…evidence ( Matter of Kelley, supra , at p 150; Matter of Abramowitz , 38 AD2d 387, 389-390, affd on opn 32 NY2d 654). Donative Intent There is an important distinction between the intent with which an inter vivas gift is made and the intent to make a gift by will. An inter vivas gift requires that the donor intend to…