Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

donative intent

Read a random definition: gross up

A quick definition of donative intent:

Donative intent: When someone gives a gift on purpose, it's called donative intent. This means they wanted to give the gift, not that they were forced or made a mistake. If someone gives a gift with donative intent, it usually means there's no contract involved. For example, if someone opens a bank account for their spouse's convenience, it's not a gift because they didn't have donative intent. But if someone creates a joint account with someone else, it's usually assumed that they had donative intent.

A more thorough explanation:

Definition: Donative intent refers to the conscious desire to make a gift, as opposed to giving something as a gift by mistake or under pressure. When a donor makes a gift with donative intent, it may preclude the creation of a contractual relationship.

For example, in Mortellaro v. Mortellaro, the court stated that the "key elements to finding a gift [and therefore not a contractual relationship are] donative intent, delivery . . . and acceptance." In this case, a husband opened a bank account in his wife's name for convenience, but the court held that there was no donative intent since the donor's motivation was convenience.

On the other hand, certain transfers of property or relationships may establish a presumption of donative intent. For instance, in Murgic v. Granite City Trust & Sav. Bank, the Illinois Supreme Court held that the creation of a joint account pursuant to the state statute ruling the creation of such accounts donative in nature establishes a presumption of donative intent.

These examples illustrate that donative intent is an essential element in determining whether a gift has been made or whether a contractual relationship has been established. If the donor's motivation is not to make a gift, then there is no donative intent, and the transfer of property may be considered a contractual relationship.

donation | donee

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
LSD+ is ad-free, with DMs, discounts, case briefs & more.