Legal Definitions - mortis causa

Mortis causa is a Latin legal term that translates to "in contemplation of death" or "by reason of death." It refers to actions or transfers of property made by an individual who believes they are facing imminent death.

The key characteristic of an act or transfer made mortis causa is its conditional nature: it only becomes final and irrevocable if the person actually dies from the anticipated cause. If the person recovers from the illness or danger that prompted the action, or if they revoke the transfer before their death, the action or transfer is typically voided or automatically revoked. The most common application of this term is in the context of a "giftcausa mortis," which is a gift made by a living person in anticipation of their impending death.

• Example 1: Risky Medical Procedure

  An elderly woman, scheduled for a complex and high-risk heart surgery, hands her valuable antique locket to her granddaughter, stating, "If I don't make it through this operation, I want you to have this as a keepsake."

  Explanation: This is a transfer mortis causa because the gift of the locket is made specifically in contemplation of the grandmother's potential death from the surgery. If she survives the operation and recovers, the gift is automatically revoked, and she is entitled to reclaim the locket.

• Example 2: Terminal Illness

  A man diagnosed with a rapidly progressing terminal illness, with a prognosis of only a few weeks to live, gives his cherished collection of rare stamps to his best friend, explaining that he wants his friend to enjoy them after he is gone.

  Explanation: The transfer of the stamp collection is mortis causa because it is prompted by the donor's certain expectation of death from his illness. Should an unforeseen medical breakthrough occur and the man miraculously recover, the gift would be voidable, meaning he could reclaim the stamp collection.

• Example 3: Sudden Life-Threatening Event

  During a severe car accident, a passenger is critically injured and believes they are about to die. With their last conscious effort, they verbally instruct their spouse, who is unharmed, to give a specific amount of money from their emergency fund to their struggling sibling, saying, "Please make sure [sibling's name] gets this if I don't pull through."

  Explanation: This instruction to transfer money is made mortis causa because it is given under the immediate apprehension of death from the accident. If the passenger miraculously recovers from their injuries, the instruction is no longer binding, and the spouse would not be obligated to give the money to the sibling.