Also known as: donor intention · donors intention · intent of the donor
Written by attorneys · grounded in primary & secondary sources — see below
The guiding principle in construing a donative document. A court determines the meaning of the document by reference to the donor's actual intention and gives that intention effect to the maximum extent permitted by law. All relevant evidence, direct or circumstantial, may be considered to identify that intention.
Eli left his north fields and tractor to the hand who stays with me to the end. Carlos worked for years but left two months before Eli died, while Maria arrived later and remained until death. The probate court considers Eli's statements about long-term loyalty and his relationships with both workers to decide which person matches the intended beneficiary.
Russell gave Imogen a gemstone ring and funded a joint account at the moment he proposed. The couple never married. The court examines the timing of the transfers, Russell's description of the account as a wedding seed fund, and the inherent nature of an engagement ring to determine whether the gifts were conditioned on marriage.
Select any source to read its text and confirm it supports the definition.
Leo devised royalties from the Morning Ledger column to Samir. After syndication the column became an online series called City Beat that generated the same revenue. The court admits evidence that Leo continued calling the online work my column and concludes the royalties pass to Samir under the devise.
Dennis's will left his entire donor account at Helping Hands Fund to Elm Council. He maintained two accounts under different emails but referred to them collectively as his account for the shelter. The court reforms the will upon clear and convincing evidence that Dennis intended both accounts to pass to the charity.
All relevant evidence, whether direct or circumstantial, may be considered. This includes the text of the donative document itself and extrinsic evidence such as the donor's statements, relationships, and surrounding circumstances.
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Reformation is available when clear and convincing evidence shows that a mistake of fact or law affected specific terms and reveals what the donor actually intended. Direct evidence contradicting the plain text may be considered.
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Courts examine the donor's intent, the type of property, and any conditions attached to decide whether a gift was made in contemplation of marriage. If the marriage does not occur, gifts conditioned on marriage must be returned.
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Yes. The donor's intention remains the controlling consideration and is given effect to the maximum extent allowed by law. Reformation may still correct a mistake shown by clear and convincing evidence.
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