Written by attorneys · grounded in primary & secondary sources — see below
A voluntary transfer of property to another without compensation. The transfer requires donative intent, delivery, and acceptance to be complete and irrevocable.
Sources & Authorities
How it applies
Common Examples
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Lawyer Prepares Client Will
Attorney Gideon Graves drafted a will for client Gloria Green that left her vacation home to Graves's adult child. The two were not related. Green later sought to revoke the provision after learning of the rule. The gift failed because the drafting violated the prohibition on preparing instruments that confer substantial gifts on non-relatives.
Third-Party Gift to Spouse
During marriage, Gavin Grant received a cash inheritance from his late uncle. The uncle's will named only Grant and not his spouse. Under the classification rules, the funds remained Grant's individual property rather than marital property.
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Before his death, Gordon Gray gave his daughter Gabriella Gomez $50,000 and signed a letter stating the sum was an advancement against her future intestate share. Upon Gray's intestate death, the probate court deducted the gift from Gomez's distribution.
Fraud Prevents Expected Gift
Gary Goldman forged documents to convince a wealthy relative that his cousin Gloria Green had already received her intended inheritance. The relative then omitted Green from the will. Green recovered damages from Goldman for the lost gift.
Ambiguous Will Description
A will devised "the corner lot on Main Street" to a niece, but the testator owned no such lot. Extrinsic evidence showed the testator owned a nearby parcel whose description matched the intended gift. The court reformed the will to pass that parcel.
Broken Engagement Ring Return
Gavin Grant gave Gabriella Gomez an engagement ring before their planned wedding. When the marriage never occurred, Gomez refused to return the ring. The court ordered its return because the gift was conditioned on the marriage taking place.
Common questions
Frequently Asked
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What elements must be shown to prove a completed inter vivos gift?+
Donative intent, delivery of the property, and acceptance by the recipient must all be present. A mere promise to give property in the future is not enforceable.
Supporting sources
How does the rule on lawyer-client gifts affect estate planning?+
A lawyer may not draft a will or other instrument that gives the lawyer or the lawyer's relative a substantial gift unless the recipient is related to the client. Violation can invalidate the gift provision.
Supporting sources
When is a gift from a third party treated as individual rather than marital property?+
A gift or inheritance received by one spouse from a third party and not given to both spouses is classified as that spouse's individual property under the Uniform Marital Property Act.
Supporting sources
What makes a lifetime gift an advancement against an heir's intestate share?+
The gift is treated as an advancement only if the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is to be deducted from the heir's share.
Supporting sources
Can tortious conduct create liability for preventing a gift?+
Yes. One who intentionally prevents another from receiving a gift through fraud, duress, or other tortious means is liable for the loss of the gift.
Supporting sources
Are engagement rings recoverable if the wedding is called off?+
Most jurisdictions treat engagement gifts, including rings, as conditioned on the marriage occurring. If the marriage does not take place, the gifts must be returned.
Supporting sources
521 U.S. 507 (1997)Property
…according to the dictates of [his] conscience' is held by the same tenure with all our other rights. . . . [I]t is equally the gift of nature; . . . it cannot be less dear to us; . . . it is enumerated with equal solemnity, or rather studied emphasis." 2 Writings of James Madison, at 190. Second, all agreed that…
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEFoundational