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Legal Definitions - mortis causa
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Definition of mortis causa
Definition: Mortis causa refers to a gift made in contemplation of the donor's imminent death. The three essential elements of a mortis causa gift are that it must be made with a view to the donor's present illness or peril, the donor must actually die from that illness or peril, without ever recovering, and there must be a delivery.
Examples: A person who is terminally ill may give a valuable piece of jewelry to a loved one as a mortis causa gift. Another example is a person who is on their deathbed and gives their car to a friend as a mortis causa gift.
Explanation: In both examples, the gifts were made in contemplation of the donor's imminent death. The donors were aware of their present illness or peril and intended to give the gifts before passing away. The gifts were also delivered to the recipients.
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Simple Definition
Mortis causa refers to a type of gift that is made in anticipation of the donor's imminent death. This gift is only valid if the donor actually dies from the illness or danger they were facing, and if there was a delivery of the gift. It is similar to a testamentarydisposition, meaning it is like a will, and the donor can still revoke the gift until their death. This type of gift is also known as a gift causa mortis or a transfer in contemplation of death.
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