Conditions to be fulfilled before a gift in contemplation of death can take effect

Under section 31 of the Law of Succession Act, for a donatio Mortis Causa to take effect the following conditions must be fulfilled.

  • The donor was at the time contemplating death by reason of a present illness or present or imminent danger.
  • The donor gives movable property (including debts) capable of being disposed of by will.
  • The donor delivered to the intended beneficiary possession or means of possession of the property, documents or other evidence of title thereto.
  • The gift is made in circumstances that show that the donor intended the same to revert to him should he survive the illness or danger.
  • The donor must not survive the illness or danger.
  • The beneficiary must survive the donor.
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