Question

Carmen tells Jason, "I just found out I have cancer and I probably only have a month to live, so I’m giving you my oil painting, ‘Flowers in a Vase’." Jason commiserates over her impending death, thanks her, and takes the painting. This illustrates:

Answer 1

Question options:

A gift inter vivos

A gift causa mortis

An irrevocable gift

A revocable gift

Two of these

Answer:

A gift causa mortis

Explanation:

A gift causa mortis describes a gift given in anticipation of death. Also called the deathbed gift, this gift is different from the transfer by will or gift inter Vivo and is revocable by the person that is going to die/grantor giving this gift. This gift can only be made on the condition that the donor anticipates death, and can only become active after the death of the donor. It also carries a differential tax treatment.

Gift Causa Mortis derives from the latin 'causa mortis', meaning 'contemplating death'.

Answer 2

Question options:

A) A gift inter vivos

B) A gift causa mortis

C) An irrevocable gift

D) A revocable gift

Answer: A gift CAUSA MORTIS.

Explanation: A gift CAUSA MORTIS can be defined as a gift given to an individual in respect to the giver knowing that they will soon die. When the giving out this type of gift the donor/giver knows that they will soon die usually of an ailment or an event.

This is typical of what Carmen did. Having found out about her ailment, she gives Jason a gift and this gift is known as "gift CAUSA MORTIS".