Donatio Inter Vivos

Donatio Inter Vivos refers to the legal principle governing gifts made between living individuals, which are intended to take effect immediately and do not require the transfer of property upon the donor's death. This principle distinguishes between gifts made during one's lifetime and those made via a will.

The term originates from Roman law, where it was used to define transactions involving gifts made by individuals while they were still alive, contrasting with legacies that came into effect upon death. The underlying principles have influenced contemporary gift law in various jurisdictions.

In modern law, Donatio Inter Vivos encompasses various elements such as intention, delivery, and acceptance to validate the transfer of property or assets as a gift. Courts may examine these factors to determine the legality and enforceability of such gifts in disputes among family members or in wills.

• A father transfers ownership of his car to his son as a gift while both are alive, ensuring that there is clear evidence of intention and acceptance.
• A friend gifts a valuable painting to another friend during a celebration, where the transfer is recorded and acknowledged by both parties as a present exchange.

• In re Estate of Krietz
• Chappell v. Times Newspaper Ltd