Donative Intent Law and Legal Definition

Donative intent refers to the conscious desire to make a gift. This is different from giving something for nothing by mistake or under pressure.

The following is an example of a caselaw on Donative Intent:

To have a valid gift there must be both donative intent and delivery of the subject matter. [In re Estate of Duncan, 77 Ill. App. 3d 927 (Ill. App. Ct. 3d Dist. 1979)]

The issue of the donative intent of a grantor is an issue of fact. Intent is a question of fact, the determination of which is not reviewable unless the conclusion drawn by the trier is one which could not reasonably be drawn. While it is true that the law presumes a donative intent when the grantee is the natural object of the grantor's bounty, that presumption is rebuttable. [Schmaling v. Schmaling, 48 Conn. App. 1 (Conn. App. Ct. 1998)]