Intervivos Gift Law and Legal Definition
Intervivos gift refers to a gift made during a person’s lifetime. Intervivos is derived from the Latin term meaning, “between the living”. Intervivos gift is contrary to testamentary gift in which the gift takes effect only after a person’s death. Testamentary gift is delivered with the intention of giving irrevocable control over the property. Intervivos gift is also known as lifetime gift or absolute gift.
In Prudential Sec. v. Bender, 1998 Conn. Super. LEXIS 2328 (Conn. Super. Ct. Aug. 19, 1998), the court held that in order to constitute a valid intervivos gift of personal property, the donor must intend that title should pass immediately and there must be a delivery of possession. One factor that distinguishes a intervivos gift from a testamentary gift is that, the donee must receive his/her title during the donor's lifetime.
