Legal Definitions - causa mortis

Causa mortis is a Latin term that translates to "in contemplation of death." In property law, it refers to a specific type of gift made by an individual who believes their death is imminent and likely to occur soon. For a gift to be legally recognized as causa mortis, several conditions must be met:

• The gift must be made by someone facing an immediate and specific peril of death (e.g., a critical illness, a dangerous surgery, or a life-threatening accident).
• The giver must intend for the gift to take effect only if they die from that specific peril.
• The gift is automatically revoked if the giver recovers from the anticipated danger or survives the event that prompted the gift.

Essentially, it's a conditional gift given with the understanding that it becomes permanent only upon the giver's death from the specific cause contemplated.

Here are a few scenarios illustrating a gift causa mortis:

• Example 1: Pre-Surgery Gift

  Before undergoing a high-risk emergency surgery with a low chance of survival, a patient named Sarah hands her valuable antique watch to her sister, remarking, "If I don't make it through this, I want you to have this." Sarah's awareness of the immediate danger and her intention for the gift to be effective only upon her death from the surgery makes this a gift causa mortis. If Sarah were to recover fully from the surgery, the gift would typically be revoked, and the watch would return to her possession.

• Example 2: Life-Threatening Accident

  While trapped in a severely damaged car after a serious accident, and believing he would not survive, Mark manages to give his wallet containing a significant amount of cash to a first responder, instructing them, "Please make sure my daughter receives this if I don't pull through." Mark's dire circumstances and his clear intention for the gift to be contingent on his death from the accident illustrate a gift causa mortis. Should Mark miraculously survive and recover, he would be entitled to reclaim the cash.

• Example 3: Terminal Illness in Final Stages

  Eleanor, who has been battling a terminal illness for some time, is informed by her doctor that she has only a few days left to live. Feeling her end is truly imminent, she calls her best friend and gives her a cherished painting, saying, "I want you to have this now, as I know my time is very short." This gift, made in the immediate contemplation of her impending death from her illness, would be considered causa mortis. If, against all medical odds, Eleanor were to experience a sudden, unexpected recovery, the gift would be revoked.