Legal Definitions - transfer in contemplation of death

A transfer in contemplation of death refers to a specific type of gift where an individual gives property to another person because they genuinely believe their death is imminent. This belief is the primary motivation for the transfer, rather than a general desire to give a gift or avoid future estate planning.

A key characteristic of such a transfer is that it is often conditional: if the donor unexpectedly recovers from the illness, injury, or peril that prompted the gift, they typically have the legal right to revoke the transfer and reclaim the property. This type of gift is also commonly known as a gift causa mortis.

Here are some examples to illustrate this concept:

• Example 1: High-Risk Medical Procedure

  An elderly woman, facing a complex and high-risk surgical procedure with a low survival rate, hands her valuable antique diamond necklace to her niece just before being wheeled into the operating room. She tells her niece, "If I don't make it through this, I want you to have this as a remembrance."

  Explanation: This is a transfer in contemplation of death because the woman's belief in her imminent death due to the dangerous surgery is the direct reason for the gift. If, against expectations, she survives the surgery and makes a full recovery, she would generally have the legal right to revoke the gift and ask for the necklace back, as the condition (her death from the surgery) was not fulfilled.

• Example 2: Terminal Illness

  A man receives a definitive diagnosis of a rapidly progressing, incurable disease, with doctors giving him only a few weeks to live. Feeling his end is near, he gives his cherished collection of rare first-edition books to his university library, stating in a letter, "Knowing my time is short, I wish for these books to benefit future generations of students."

  Explanation: This scenario exemplifies a transfer in contemplation of death because the man's actions are driven by his belief in his imminent demise due to his terminal illness. Should an unprecedented medical breakthrough occur, leading to an unexpected and significant recovery, he might have the legal standing to revoke the gift of the book collection, as the underlying expectation of his imminent death changed.

• Example 3: Perilous Expedition

  An experienced mountaineer is about to embark on an extremely dangerous solo ascent of an unclimbed peak, a venture known for its high fatality rate. Before departing, he gives his expensive, custom-made climbing gear to his climbing partner, saying, "If I don't return from this trip, I want you to have this equipment."

  Explanation: This constitutes a transfer in contemplation of death because the mountaineer is making the gift based on a strong belief that his death is imminent due to the specific, life-threatening nature of the expedition. If he successfully completes the climb and returns safely, the law would typically allow him to revoke the gift of the climbing gear, as the anticipated peril leading to death did not materialize.