Legal Definitions - donatio mortis causa

The legal term donatio mortis causa (pronounced doh-NAH-tee-oh MOR-tis KOW-sah) refers to a "deathbed gift" or a "gift in contemplation of death." It is a specific type of gift made by a person who believes they are facing imminent death, with the understanding that the gift will only become final if they actually die from the contemplated peril or illness.

For a gift to qualify as a donatio mortis causa, several conditions must typically be met:

• The gift must be made in contemplation of the donor's imminent death from a specific cause or peril.
• The gift must be conditional; it only takes effect if the donor dies from that peril. If the donor recovers or survives the contemplated danger, the gift is automatically revoked.
• The donor must deliver the property to the recipient (or someone on their behalf) during their lifetime. This delivery can be actual (physically handing over the item) or constructive (giving the means to access the item, like a key to a safe).
• The donor must have the intention to make an immediate gift, but one that is only perfected upon their death.

Unlike a gift made through a will, a donatio mortis causa does not require the formalities of a will (like witnesses). However, it is also not an absolute, irrevocable gift made during life, as it can be revoked if the donor recovers.

Here are some examples illustrating this concept:

• Example 1: Terminal Illness

  Eleanor, an elderly woman diagnosed with a terminal illness and given only a few weeks to live, calls her beloved niece, Clara, to her bedside. Eleanor hands Clara a valuable antique locket, saying, "Clara, I know my time is short. I want you to have this locket; it's been in our family for generations. Keep it safe." Eleanor passes away a week later from her illness.

  Explanation: This is a donatio mortis causa because Eleanor made the gift in contemplation of her imminent death from a terminal illness. She delivered the locket to Clara, and her intention was for Clara to have it upon her death. If Eleanor had unexpectedly recovered, she would have had the right to ask for the locket back.

• Example 2: Risky Medical Procedure

  Before undergoing a highly dangerous, experimental surgery with a low survival rate, Mark hands his brother, David, the keys to his classic convertible and the signed title. Mark tells David, "If I don't make it through this surgery, the car is yours. Please take good care of it." Miraculously, Mark survives the surgery and makes a full recovery.

  Explanation: This scenario illustrates a donatio mortis causa because Mark made the gift in contemplation of death from a specific, imminent peril (the surgery). He delivered the means to access and own the car (keys and title). However, because Mark survived the contemplated peril, the gift is automatically revoked, and the car remains his property.

• Example 3: Sudden, Unexpected Decline

  While on a hiking trip, Sarah suffers a sudden, severe heart attack. Believing she is dying, she manages to tell her hiking partner, Tom, "My rare coin collection... it's in the safe deposit box at First National Bank. Here's the key and the account number. If I don't make it, I want you to have it." Sarah loses consciousness shortly after and passes away before medical help arrives.

  Explanation: This is a donatio mortis causa. Sarah made the gift in contemplation of her imminent death from the heart attack. She provided constructive delivery by giving Tom the key and account number needed to access the coin collection. Her death from the contemplated peril finalized the gift, making Tom the rightful owner of the coin collection.