Legal Definitions - causa mortis

Definition: Causa mortis is a Latin term that means "cause of death." It refers to the awareness that death is approaching. In property law, when a person gives something to another person while aware that their death is approaching, the resulting gift is known as a gift causa mortis. However, this gift may be challenged by the giver's heirs if they believe that undue influence was involved.

For example, if a person is terminally ill and gives their car to a friend, knowing that they will not live much longer, this would be considered a gift causa mortis. However, if the person's heirs believe that the friend coerced or manipulated the giver into making the gift, they may challenge it in court.

Another example would be if a person is on their deathbed and gives their jewelry to their daughter, knowing that they will not survive much longer. This would also be considered a gift causa mortis. However, if the person's other children believe that the daughter unduly influenced their parent into making the gift, they may challenge it in court.

These examples illustrate how a gift causa mortis is made when a person gives something to another person while aware that their death is approaching. However, the gift may be challenged if there is evidence of undue influence or coercion.