Legal Definitions - donative

The term donative describes something that is given as a gift, without any expectation of payment, exchange, or return benefit. It refers to actions, transfers, or intentions that are purely for the purpose of making a donation or bestowing a gift.

Here are some examples to illustrate the concept of "donative":

• Example 1: Charitable Contribution

  A philanthropist establishes a new wing at a local hospital, funding its construction entirely through a personal contribution. This act is considered a donative gesture, and the funds provided are a donative transfer of wealth. The hospital receives the gift without having to provide anything in return, reflecting the purely gratuitous nature of the donation.

• Example 2: Family Property Transfer

  An elderly parent decides to transfer ownership of their antique car collection to their adult child, not as a sale, but as a gift to be enjoyed. This transaction is a donative transfer of property. The parent's intent is to bestow a gift, and the child receives the assets without any financial obligation, making it a clear example of a gift-giving action.

• Example 3: Bequest in a Will

  In a will, a person specifies that their entire collection of rare coins should be given to a specific museum upon their death. This instruction in the will outlines a donative intent. The clause directs a future donative transfer, ensuring that the coins are passed on as a gift to the museum rather than being sold or distributed to other heirs for profit.