Define: Gift Causa Mortis

A gift causa mortis is a type of gift made by a person who anticipates their imminent death. Unlike gifts made during the donor’s lifetime or through a will, a gift causa mortis is made with the condition that it will only take effect if the donor dies from the anticipated peril. For the gift to be valid, certain elements must be met, including the donor’s intent to make a gift in contemplation of death, delivery of the gift to the recipient, and the donor’s death resulting from the anticipated peril. If the donor survives the peril, the gift is revoked, and the property returns to the donor’s estate. Gift causa mortis is a legal doctrine that allows individuals facing imminent death to transfer property to chosen beneficiaries outside of the probate process, providing flexibility in estate planning and asset distribution.

A term used to refer to a gift given in anticipation of death, or to take place only in the event of a death.

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This glossary post was last updated: 29th March 2024.