Legal Definitions - gift over

Definition: A property gift (usually through a will) that takes effect after the expiration of a preceding estate in the property (such as a life estate or fee simpledeterminable).

Examples:

• John leaves his house to his wife, Sarah, for her lifetime, with gift over to their son, Don, in fee simple. This means that after Sarah's death, the ownership of the house will pass to Don.
• Martha leaves her car to her sister, Mary, for five years, with gift over to her nephew, Tom, if Mary dies before the five years are up. This means that if Mary dies before the five years are up, Tom will become the owner of the car.

These examples illustrate how a gift over works. The gift over only takes effect after a preceding estate in the property has expired or ended. In the first example, the gift over to Don only takes effect after Sarah's lifetime estate has ended. In the second example, the gift over to Tom only takes effect if Mary dies before the five-year period has ended.