GIFT
GIFT.abbr.GAMETE INTRAFALLOPIAN TRANSFER.
gift,n.1. The voluntary transfer of property to another without compensation. [Cases: Gifts
1.] 2. A thing so transferred. — gift,vb.
absolute gift.See inter vivos gift.
anatomical gift.A testamentary donation of a bodily organ or organs, esp. for transplant or for
medical research. • The procedures for making an anatomical gift are set forth in the Uniform
Anatomical Gift Act, which has been adopted in every state. [Cases: Dead Bodies 1. C.J.S. Dead
Bodies §§ 1–3.]
antenuptial gift.See prenuptial gift.
charitable gift.An inter vivos or testamentary donation to a nonprofit organization for the
relief of poverty, the advancement of education, the advancement of religion, the promotion of
health, governmental, or municipal purposes, and other purposes the accomplishment of which is
beneficial to the community. Restatement (Second) of Trusts § 368 (1959). • When the beneficiary
is a religious organization or the gift is intended for a religious purpose, it is sometimes also
termed a pious gift.
class gift.A gift to a group of persons, uncertain in number at the time of the gift but to be
ascertained at a future time, who are all to take in definite proportions, the share of each being
dependent on the ultimate number in the group.
“The typical class gift is to ‘children,’ ‘issue,’ ‘heirs,’ ‘brothers and sisters,’ ‘nieces and
nephews,’ ‘grandchildren.’ A class gift is one in which the donor intends to benefit a group or a
class of persons, as distinguished from specific individuals; the class gift donor is said to be
‘group-minded.’ The class gift is one in which the donor intends that the number of donees, from
the time of the delivery of the instrument of gift in the case of the inter vivos gift, or from the time
of the execution of the will in the case of the testamentary gift, is subject to fluctuation by way of
increase or decrease, or by way of increase only, or by way of decrease only, depending on the
circumstances of the gift.” Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and
Future Interests 136 (2d ed. 1984).
completed gift.A gift that is no longer in the donor’s possession and control. • Only a
completed gift is taxable under the gift tax.
gift causa mortis (kaw-z<<schwa>> mor-tis). A gift made in contemplation of the donor’s
imminent death. • The three essentials are that (1) the gift must be made with a view to the donor’s
present illness or peril, (2) the donor must actually die from that illness or peril, without ever
recovering, and (3) there must be a delivery. Even though causa mortis is the more usual word
order in modern law, the correct Latin phrasing is mortis causa — hence gift mortis causa. — Also
termed donatio causa mortis; donatio mortis causa; gift in contemplation of death; transfer in
contemplation of death. See CONTEMPLATION OF DEATH. [Cases: Gifts 53–68.]
“[Gifts causa mortis] are conditional, like legacies; and it is essential to them that the donor
make them in his last illness, or in contemplation and expectation of death; and with reference to
their effect after his death, they are good, notwithstanding a previous will; and if he recovers, the
gift becomes void.” 2 James Kent, Commentaries on American Law *444 (George Comstock ed.,
11th ed. 1866).
“A ‘gift causa mortis’ … is testamentary, and it is similar to testamentary disposition in the
respect that there remains with the donor the power to revoke the gift until his death. In some
respects, a gift causa mortis may be said to resemble a contract, for mutual consent and the
concurrent will of both parties are necessary to the validity of the transfer.” 38A C.J.S. Gifts § 85,
at 276–77 (1996).
gift in contemplation of death.See gift causa mortis.
gift inter vivos.See inter vivos gift.
gift in trust.A gift of legal title to property to someone who will act as trustee for the benefit
of a beneficiary.
gift over.A property gift (esp. by will) that takes effect after the expiration of a preceding
estate in the property (such as a life estate or fee simple determinable) <to Sarah for life, with gift
over to Don in fee>. [Cases: Wills 614(2, 3). C.J.S. Wills §§ 1278, 1284–1285.]
gift splitting.See split gift.
gratuitous gift.A gift made without consideration, as most gifts are. • Strictly speaking, the
term looks redundant, but it answers to the donum gratuitum of Roman law.
inter vivos gift (in-t<<schwa>>r vI-vohs orvee-vohs). A gift of personal property made
during the donor’s lifetime and delivered to the donee with the intention of irrevocably
surrendering control over the property. — Also termed gift inter vivos; lifetime gift; absolute gift;
DONATIO INTER VIVOS. [Cases: Gifts 1–33.]
lifetime gift.See inter vivos gift.
manual gift.Civil law. A gift of movable, tangible property, made by delivery without any
formalities. La. Civ. Code art. 1539.
onerous gift (ohn-<<schwa>>-r<<schwa>>s oron-<<schwa>>-r<<schwa>>s). A gift made
subject to certain conditions imposed on the recipient.
pious gift.See charitable gift.
prenuptial gift (pree-n<<schwa>>p-sh<<schwa>>l). A gift of property from one spouse to
another before mar-riage. • In community-property states, prenuptial gifts are often made to
preserve the property’s classification as separate property. — Also termed antenuptial gift. [Cases:
Husband and Wife 250.]
split gift.Tax. A gift that is made by one spouse to a third person and that, for gift-tax
purposes, both spouses treat as being made one-half by each spouse; a gift in which the spouses
combine their annual gift-tax exclusions. • A split gift, for example, is eligible for two annual
exclusions of $10,000 each, or a total of $20,000 for one gift. — Also termed gift-splitting;
gift-splitting election. See annual exclusion under EXCLUSION. [Cases: Internal Revenue
4206.10. C.J.S. Internal Revenue §§ 566–568.]
substitute gift.A testamentary gift to one person in place of another who is unable to take
under the will for some reason. — Also termed substitutional gift.
taxable gift.A gift that, after adjusting for the annual exclusion and applicable deductions, is
subject to the federal unified transfer tax. IRC (26 USCA) § 2503. [Cases: Internal Revenue
4203.10, 4206.10. C.J.S. Internal Revenue §§ 559, 566–568.]
testamentary gift (tes-t<<schwa>>-men-t<<schwa>>-ree or -tree). A gift made in a will.
vested gift.An absolute gift, being neither conditional nor contingent, though its use or
enjoyment might not occur until sometime in the future. [Blacks Law 8th]