Deathbed Gift (Gift in Contemplation of Death)

A deathbed gift, also known as a gift in contemplation of death, refers to a transfer of property or assets by an individual who is facing imminent death. This transfer is made with the understanding that ownership will only take effect upon the death of the donor. It differs significantly from inter vivos gifts made during one's lifetime.

Definition

A deathbed gift (also known as gift in contemplation of death) is a transfer of personal property or assets made by a donor who anticipates their imminent death. The transfer is conditional on the donor’s death, meaning that if the donor survives the anticipated peril or recovers from the illness, the gift becomes void. It is typically used as an estate planning tool to manage and distribute a donor’s assets in a more controlled manner near the end of life.

Examples

  1. Jewelry Transfer: An individual who is terminally ill decides to bequeath a valuable piece of family jewelry to their granddaughter. The grandmother instructs that the jewelry should only be handed over upon her passing.
  2. Cash Gift: A dying person transfers a specific amount of cash to a trusted friend with the condition that the money should only be used for a charitable purpose after their death.
  3. Property Deed: A person in an advanced stage of a terminal illness signs over a deed to a property stipulating that the transfer is only effective once they have passed away.

Frequently Asked Questions

To be valid, a deathbed gift generally must meet several legal requirements:

  • The donor must have a present and overriding fear of imminent death.
  • The gift must be delivered or deeded to the recipient.
  • There must be clear intention from the donor that the gift is only to take effect upon their death.

Can a deathbed gift be revoked?

Yes, if the donor survives the anticipated peril or illness that prompted the gift, they can revoke the deathbed gift. It becomes void in this situation.

How is a deathbed gift different from an inter vivos gift?

An inter vivos gift is one made during the lifetime of the donor without any conditions pertaining to death. In contrast, a deathbed gift is conditional on the donor’s death.

Are deathbed gifts subject to estate taxes?

Yes, deathbed gifts can be subject to estate taxes depending on the value of the gift and the jurisdiction’s tax laws surrounding estate and inheritance.

Estate Planning

The process of organizing the distribution of an individual’s assets after their death.

Inter Vivos Gift

A gift made from one living person to another without any conditions related to the donor’s death.

Testamentary Trust

A trust that is established upon the death of an individual and typically forms part of their will.

Donor

A person who makes a gift or bequeaths property.

Online Resources

Suggested Books for Further Studies

  • Estate Planning Basics by Denis Clifford
  • Wills, Trusts, and Estates (Aspen Casebook Series) by Robert H. Sitkoff and Jesse Dukeminier
  • The Complete Estate Planning Guide by Kathleen Adams and Bonnie Brown Hartley

Fundamentals of Deathbed Gift: Estate Planning Basics Quiz

### What must be present for a gift to be considered a deathbed gift? - [ ] A witness - [x] An imminent fear of death by the donor - [ ] A notary public - [ ] An attorney > **Explanation:** The donor must have an imminent fear of death for the gift to be considered a deathbed gift. ### If a donor recovers from their anticipated peril, what happens to the deathbed gift? - [x] It becomes void - [ ] It stands as a valid gift - [ ] It requires re-authorization - [ ] It turns into a loan > **Explanation:** If the donor recovers, the deathbed gift generally becomes void since it was conditional on their death. ### What is a primary difference between a deathbed gift and an inter vivos gift? - [ ] Legal requirements - [ ] Valuable consideration involved - [x] Deathbed gifts are conditional on the donor’s death - [ ] Only deathbed gifts can be revoked > **Explanation:** A deathbed gift is conditional on the donor's death, while an inter vivos gift is not. ### Can deathbed gifts be subject to estate taxes? - [x] Yes - [ ] No - [ ] Only if they exceed a certain amount - [ ] Only if the recipient contests the gift > **Explanation:** Deathbed gifts can be subject to estate taxes, depending on the value and jurisdiction. ### What should accompany a deathbed gift to meet legal requirements? - [ ] A bank guarantee - [ ] A medical certificate - [x] Clear intention from the donor that the gift is only to take effect upon their death - [ ] A family member’s consent > **Explanation:** Clear intention from the donor that the gift is only to take effect upon their death is required. ### Which of the following can be given as a deathbed gift? - [x] Jewelry - [ ] Salary - [ ] Employment contract - [ ] Personal services > **Explanation:** Items like jewelry can be given as a deathbed gift, while salary, contracts, or services cannot. ### What legal document often incorporates transfers similar to deathbed gifts? - [x] Last Will and Testament - [ ] Employment contract - [ ] Purchase agreement - [ ] Divorce decree > **Explanation:** Similar transfers are often incorporated into a Last Will and Testament. ### What might invalidate a deathbed gift? - [ ] The recipient’s refusal - [ ] Delivery concerns - [x] Donor’s recovery from illness - [ ] The gift being too valuable > **Explanation:** A donor’s recovery from the illness or peril would invalidate the deathbed gift. ### In a legal context, who is the recipient of a deathbed gift? - [ ] The executor of the donor’s will - [ ] The trustee - [x] The donee - [ ] The solicitor > **Explanation:** The recipient of a deathbed gift is called the donee. ### Why might someone choose to make a deathbed gift? - [ ] To cancel debts - [ ] To liquidate assets swiftly - [x] For estate planning purposes - [ ] To recruit heirs > **Explanation:** Deathbed gifts are often used for estate planning purposes for more controlled distribution of assets.

Thank you for digging into the details of deathbed gifts and undertaking our sample quiz to deepen your understanding of estate planning!


Wednesday, August 7, 2024

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