Legal background to trusts & estates: gift on account of death
A ‘gift on account of death’ (donatio mortis causa) is a gift of personal property. It is given by a donor who is expecting to die. It is effective only if the donor dies. It automatically lapses if the donor recovers. The donor can change his mind and revoke the gift. It is neither a gift between the living (inter-vivos) nor a legacy.
It applies to personal property (TSEM6007) only- never to real property (TSEM6006).