A causa mortis gift refers to a gift given by someone who believes they are about to die from a current illness or imminent peril. This Latin term translates to "in anticipation of death."

Unlike other gifts, a causa mortis gift becomes irrevocable and permanently passes to the giftee if the donor dies as anticipated, but it is revocable if the donor survives.

Causa Mortis Explained

The concept of a causa mortis gift is rooted in common law and serves as a mechanism for transferring personal property without the formalities of a will. For a gift to qualify as causa mortis, three main elements must be present:

1. Imminent Death: The donor must make the gift with the belief that death is imminent due to illness or an immediate danger.

2. Delivery: There must be a delivery of the gift to the recipient, either by physically handing it over, giving something symbolic of it (like a key or document), or making a declaratory statement that effectively transfers control.

3. Intent: The donor must intend for the gift to be irrevocable upon their death, indicating that the transfer of ownership is to occur immediately but will be finalized upon the donor's death.

If the donor recovers from the illness or the peril passes, the gift is revocable, meaning the donor can reclaim the gifted property. This reversibility distinguishes causa mortis gifts from testamentary gifts, which are conveyed through wills and become irrevocable upon the donor's death.

The Term Causa Mortis in Different Legal Contexts

Causa mortis gifts are primarily relevant in the context of estate planning and probate law. They are a form of non-testamentary transfer, meaning they do not require the formalities of a will to pass legal title from the donor to the recipient.

However, because of their nature, causa mortis gifts are scrutinized closely by courts to ensure they meet the required elements, especially the donor's anticipation of imminent death and the clear intention to make the gift.

Common Misconceptions About the Meaning of Causa Mortis

One common misconception about causa mortis gifts is that they can be made for any type of property. In reality, these gifts are typically limited to personal property, such as jewelry or a car, and do not include real estate or certain types of intangible assets, depending on jurisdictional laws.

Another misunderstanding is regarding the permanence of the gift upon the donor's death. Some may believe that if a donor dies and then is revived (e.g., through resuscitation), the gift cannot be reclaimed.

However, the key factor is the donor's survival from the specific peril or illness they believed would cause their death; if they survive, regardless of clinical death or temporary conditions, the gift can be revoked.