gift causa mortis


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Gift Causa Mortis

A gift made upon the giver's death. A gift causa mortis contrasts with a gift inter vivos, which the giver bequeaths while still living. A large gift causa mortis may be subject to the gift tax.

gift causa mortis

A gift in contemplation of death. This was an important term at one time because the IRS required such gifts,made within 3 years of death,to be included in the gross estate for estate tax purposes. You will still encounter the word, but the legal significance is no longer important because such property is no longer included in the estate.

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240) Nevertheless, as a matter of formality, courts draw no distinction between an ordinary gift, an ordinary gift on the deathbed, and a gift causa mortis.
Under a statute in Georgia, a gift causa mortis requires delivery in the presence of at least one witness.
By analogy to a will beneficiary, the donee of a gift causa mortis must survive the donor in order to keep the gift.