gift in contemplation of death
n.
A gift that is promised to someone by a donor who expects to die soon that will take effect if the donor does die as expected, but for which the donor retains the title while he or she is still living, and that becomes invalid if the donor recovers and does not die of the illness that he or she suffered from when the gift was made; also called a gift causa mortis.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


gift in contemplation of death
A gift of personal property (not real estate) by a person expecting to die soon. If a gift is made in contemplation of death, it is included in the value of the deceased person's estate for federal tax purposes. In Latin, called a gift causa mortis.
Category: Wills, Trusts & Estates → Estates, Executors & Probate Court
Category: Wills, Trusts & Estates → Living Trusts & Avoiding Probate
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.

gift in contemplation of death
n.
   (called a gift causa mortis by lawyers showing off their Latin), a gift of personal property (not real estate) by a person expecting to die soon due to ill health or age. Federal tax law will recognize this reason for a gift if the giver dies within three years of the gift. Treating the gift as made in contemplation of death has the benefit of including the gift in the value of the estate, rather than making the gift subject to a separate federal gift tax charged the giver. If the giver gets over an apparently mortal illness, the gift is treated like any other gift for tax purposes.

Law dictionary. . 2013.

Look at other dictionaries:

  • gift in contemplation of death — A gift impelled by the thought of death, as distinguished from a purpose associated with life. United States v Wells, 283 US 102, 75 L Ed 867, 51 S Ct 446. See in contemplation of death …   Ballentine's law dictionary

  • contemplation of death — When anticipation of death due to age, illness, injury, or mortal danger causes a person to make a gift, transfer property, or take some other dramatic action. Also called causa mortis. (See also: gift in contemplation of death) Category: Wills,… …   Law dictionary

  • contemplation of death — That expectancy of death which actuates the mind of the person on doing the act in question. Anno: 4 ALR 1523; something more than the general expectation of death which all persons entertain; an apprehension of death arising from some existing… …   Ballentine's law dictionary

  • transfer in contemplation of death — A gift made by a person who believes that he or she will soon die. Also called gift causa mortis. Recovery of health may void the gift. Category: Wills, Trusts & Estates Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill …   Law dictionary

  • transfer in contemplation of death — A transfer of property, usually to spouse or child, impelled by the thought of death. United States v Wells, 283 US 102, 75 L Ed 867, 51 S Ct 446. Inclusive of a gift inter vivos, as well as a gift causa mortis, provided it is made in… …   Ballentine's law dictionary

  • in contemplation of death — In taxation and property law, a transaction, commonly a transfer or gift of property, made by the donor with a view towards his death. For federal estate tax purposes, a transfer made within three years of the decedent s death is deemed to be… …   Black's law dictionary

  • in contemplation of death — In taxation and property law, a transaction, commonly a transfer or gift of property, made by the donor with a view towards his death. For federal estate tax purposes, a transfer made within three years of the decedent s death is deemed to be… …   Black's law dictionary

  • gift — n 1: an intentional and gratuitous transfer of real or personal property by a donor with legal capacity who actually or constructively delivers the property to the donee with the intent of giving up dominion over the property and investing it in… …   Law dictionary

  • gift causa mortis — see gift Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. gift causa mortis …   Law dictionary

  • gift — A voluntary transfer of property to another made gratuitously and without consideration. Bradley v. Bradley, Tex.Civ.App., 540 S.W.2d 504, 511. Essential requisites of gift are capacity of donor, intention of donor to make gift, completed… …   Black's law dictionary

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