Donatio Causa Mortis Law and Legal Definition

Donatio causa mortis refers to a gift made in contemplation of or on the occasion of the donor's death. The three requirements of a valid “donation causa mortis” are: (1) the gift must be made with a view to the donor's present illness or peril, (2) the donor must actually die from such illness or peril, without ever recovering from such illness, and (3) there must be a delivery of the subject matter. Donatio causa mortis is also termed gift mortis causa, donation mortis causa, and gift or transfer in contemplation of death. It is necessary that the donor makes the gift in his last illness in contemplation of death. If the donor recovers, then such a gift becomes void. The donor can revoke the gift if he recovers.