Legal Definitions - per formam doni

per formam doni

This Latin phrase translates to "by the form of the gift" or "by the designation of the giver." It refers to situations where the specific terms, conditions, or structure established by the person making a gift or transfer of property dictate its legal effect, rather than general legal rules that would otherwise apply.

Essentially, it means that the donor's explicit instructions or the specific way they choose to structure the gift takes precedence over what the law might presume in the absence of such specific direction.

• Example 1: A Conditional Property Transfer

  Imagine an elderly relative gifts a family vacation home to their niece, but includes a clause in the deed stating that the home can never be sold outside the family for the next 50 years. This is an example of per formam doni because the future use and transferability of the property are determined by the specific "form of the gift" – the explicit condition set by the giver in the deed – rather than the niece automatically gaining unrestricted ownership rights that would typically allow her to sell it to anyone.

• Example 2: A Restricted Charitable Donation

  Consider a philanthropist who donates a large sum of money to a university, but specifies in the donation agreement that the funds must be used exclusively to establish a scholarship program for students studying environmental science, and not for general university operating costs or other departments. This illustrates per formam doni because the university's use of the funds is bound by the "designation of the giver" – the specific purpose outlined by the donor – rather than the university having complete discretion over how to allocate the money.

• Example 3: A Trust with Specific Distribution Rules

  A parent sets up a trust for their children, stipulating that each child will receive a portion of the inheritance only upon reaching the age of 25, and another portion upon completing a college degree. This is an application of per formam doni because the distribution of the inheritance is governed by the "form of the gift" – the specific conditions and timeline established by the parent in the trust document – rather than the children simply inheriting the assets outright upon the parent's passing according to standard inheritance laws.