Jill claims that Fred, who is terminally ill and scheduled for surgery, gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, what will the court need to determine?
A) Whether Fred made a gift causa mortis.
B) Whether Fred had donative intent.
C) Whether Jill accepted the property.
D) Whether Jill made a gift inter vivos.

Question

Quizplus · Accepted Answer

The dispute involves an allegation that Fred made a gift while he was terminally ill and facing imminent death. This type of gift is known as a gift causa mortis, and the court will need to determine if the legal requirements for such a gift have been met. Specifically, the court will need to examine whether Fred had donative intent, whether Jill accepted the property, and whether the gift was made in contemplation of death.

Jill Claims That Fred, Who Is Terminally Ill and Scheduled