donatio mortis causan.
/dəʊˈneɪʃɪəʊ ˈmɔːtɪs ˈkɔːzə/ Law.
A (revocable) gift of personal property or land made in contemplation of death, and effective upon the death of the donor.
ΘΚΠ
the mind > possession > giving > gift or present > [noun] > gift of property > made in contemplation of death
donatio mortis causaa1656
a1656 A. Gibson Decisions Lds. of Council & Session (1690) 190 The said Bond being donatio mortis causa..was revockable.
1743 Swinburne's Treat. of Testaments i. vii. 23 If he had used no Words, and had been near Death, it had been looked on as Donatio mortis causa.
1835 Tomlins's Law Dict. (ed. 4) I. (at cited word) Donatio causa mortis. A gift in prospect of death; a death-bed disposition; viz. when a person in his last sickness..delivers..to another, the possession of any personal goods, to be kept in case of his decease.
1934 Law Q. Rev. L. 315 The Supreme Court had gone on to say that the bank books and promissory notes were capable of being the subject of a good donatio mortis causa.
1973 Times 9 June 19/3 Gifts donationes mortis causa can never be exempt from estate duty.
1984 R. D. Oughton Tyler's Family Provision (ed. 2) vii. 212 If the gift was made in contemplation of death and conditional upon death, then the gift is a donatio mortis causa.
This entry has not yet been fully updated (first published 1993; most recently modified version published online September 2018).
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