Question

After Elizabeth’s son proposes to his girlfriend, she tells her that she will be passing on the family heirloom (a diamond necklace and earrings set). However, the night Elizabeth was supposed to give the diamond set to her future daughter in law, she died in a car accident. Can the fiancée sue and prevail in an action against Elizabeth’s estate for the necklace and earrings?

Answer 1

Option:

Yes, Elizabeth clearly wanted the fiancée to take possession of the necklace and earrings.

Yes, as a gift beneficiary, the fiancée can sue the estate for possession of the necklace and the earrings.

No, Elizabeth died before she could deliver the gift to the fiancée, therefore, the gift fails.

No, the fiancée gave no consideration; hence she cannot enforce the gift.

Answer:

No, Elizabeth died before she could deliver the gift to the fiancée, therefore, the gift fails.

Explanation: For a gift to be binding it must possess three main characteristics which includes

(1) The intention to give the gift by the donor

(2) The transfer or giving of the gift to the donee

(3) The acceptance of the gift by the donee.

A PROMISE TO GIVE SOMEONE A GIFT THAT DOES NOT POSSESS THESE CHARACTERS IS CONSIDERED MEANINGLESS)IT IS OF NO LEGAL VALUE AND CAN NIT BE ENFORCED BY THE COURTS.