Legal Definitions - in contemplation of death

The legal phrase "in contemplation of death" refers to actions taken by an individual who believes their death is imminent or highly probable in the near future. This belief is the primary motivation for their actions, which often involve transferring property or making other arrangements that would typically be handled after death.

It's important to distinguish this from general estate planning, which is done without an immediate expectation of death. When an action is taken "in contemplation of death," it implies a direct link between the person's awareness of their impending demise and the specific act they perform.

Here are some examples illustrating this concept:

• Example 1: A Conditional Gift

  An elderly woman, diagnosed with a rapidly progressing terminal illness and given only weeks to live, gives her granddaughter a valuable family heirloom, saying, "I want you to have this now, in case I don't make it through the month." She intends for the gift to be effective immediately but is motivated by her belief that her death is very near.

  How it illustrates the term: The gift is made directly because the woman believes her death is imminent. This is a "gift causa mortis" (a gift made in contemplation of death), which is often conditional and can sometimes be revoked if the donor unexpectedly recovers.

• Example 2: Asset Transfer for Tax Purposes

  A wealthy individual is informed by their doctors that they have a critical, untreatable condition and only a few months left to live. In response, they quickly transfer a significant portion of their assets to a trust for their children, specifically to reduce the size of their taxable estate before their anticipated death.

  How it illustrates the term: The transfer of assets is not part of routine, long-term financial planning but is a direct, accelerated action taken *because* the individual knows their death is impending. The motivation is directly tied to the contemplation of their imminent demise and its potential tax implications.

• Example 3: Urgent Will Amendment

  A person is severely injured in an accident and is rushed to the hospital for emergency surgery with a low chance of survival. Before being anesthetized, they quickly dictate a new clause to their lawyer, amending their will to leave a specific sum to a newly discovered relative, stating, "I need to do this now, in case I don't wake up."

  How it illustrates the term: The amendment to the will is made under extreme duress and with the explicit belief that death is a very real and immediate possibility. The urgency and the specific motivation of potential death are central to the action taken.