Donatio Mortis Causa

Donatio Mortis Causa refers to a gift that is made by a donor who anticipates their imminent death. This type of gift is conditional, becoming effective only upon the donor's death, and can be revoked if the donor survives.

The principle has its roots in Roman law, where it recognized the need to provide for the distribution of a deceased person's assets in light of death expectations. It evolved over centuries, influencing how estates are managed post-mortem in various legal systems.

In modern law, Donatio Mortis Causa is primarily applied in estate planning and probate matters, where individuals may wish to transfer property to heirs while still alive, but with the intention that the transfer takes effect only after their death. Courts often examine the intent of the donor and the circumstances surrounding the gift to determine its validity.

• A man gives his watch to a friend, stating he believes he will die soon and wishes for the watch to belong to his friend after his death.
• A woman changes the title of her car to her sister's name while expressing her belief that her health condition is terminal, conditional on her death.

• Re Albert
• King v. McGowan