Donatio Mortis Causa
Literal meaning: “A gift on account of death”
What does the Latin term "Donatio Mortis Causa" mean in law?
Donatio mortis causa is a gift of personal property made by a donor in contemplation of their impending death, subject to the condition that it becomes effective only upon the donor's death and is automatically revoked if the donor survives. Unlike a testamentary transfer, which must comply with the formalities of the Statute of Wills, a donatio mortis causa requires only three elements: the gift must be made in contemplation of imminent death from an existing peril, the donor must deliver the property or a constructive symbol of it to the donee, and the gift must be conditioned on the donor's death. If the donor recovers, the gift is revoked by operation of law and the property must be returned. Courts scrutinize these gifts carefully because they bypass the safeguards of the probate system.
Source: Property · Legal Latin
Legal Definition
Donatio mortis causa is a gift of personal property made by a donor in contemplation of their impending death, subject to the condition that it becomes effective only upon the donor's death and is automatically revoked if the donor survives. Unlike a testamentary transfer, which must comply with the formalities of the Statute of Wills, a donatio mortis causa requires only three elements: the gift must be made in contemplation of imminent death from an existing peril, the donor must deliver the property or a constructive symbol of it to the donee, and the gift must be conditioned on the donor's death. If the donor recovers, the gift is revoked by operation of law and the property must be returned. Courts scrutinize these gifts carefully because they bypass the safeguards of the probate system.
How It's Used
This doctrine arises most often in probate and estate litigation when a decedent purportedly made a deathbed gift that was not included in a will. Courts require clear evidence of all three elements because the doctrine creates an exception to the Statute of Wills.
Example Sentences
On his deathbed, the decedent handed his watch to his nephew and said it was his to keep, creating a valid donatio mortis causa.
The court held that the alleged donatio mortis causa failed because the donor had not been in actual apprehension of imminent death at the time of the transfer.
Because the donor survived the surgery, the donatio mortis causa was automatically revoked, and the recipient was required to return the stock certificates.