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gift n1: an intentional and gratuitous transfer of real or personal property by a donor with legal capacity who actually or constructively delivers the property to the donee with the intent of giving up dominion over the property and investing it in the donee who accepts it; broadly: a voluntary transfer of property without compensation see also delivery compare donation, saleclass gift: a usu. testamentary gift of a sum to a group of unspecified persons whose number and identity and share of the gift will be determined sometime in the future (as at the death of the donor)com·plet·ed gift: a gift in which the dominion and control of the property is placed beyond the donor's reachgift cau·sa mor·tis /-'kȯ-zə-'mȯr-tis, -'kau̇-sä-'mȯr-tēs/ pl gifts causa mortis: a gift of esp. personal property made in contemplation of impending death that is delivered with the intent that the gift take effect only in the event of the donor's death and that it be revoked in the event of survival compare donation inter vivos and donation mortis causa at donation, gift inter vivos and testamentary gift in this entrygift in·ter vi·vos /-'in-tər-'vī-vōs; -'in-ter-'vē-vōs, -'wē-wōs/, pl, gifts inter vivos: a gift made during the lifetime of the donor and delivered with the intent of surrendering immediately and irrevocably dominion and control over the property compare donation inter vivos at donation, gift causa mortis and testamentary gift in this entrygift over, pl, gifts over: a gift esp. by will of property that takes effect upon the termination or failure of a preceding estate (as a life estate) in the propertymanual gift: a gift esp. under the civil law of Louisiana made of a movable corporeal object by actual delivery and involving no formalitiessplit gift: a gift made by a spouse to a third person that for purposes of gift tax may be considered as given one-half by each spouse to take advantage of tax avoidance devices (as the annual exclusion)sub·sti·tu·tion·al gift /ˌsəb-stə-'tü-shə-nəl-, -'tyü-/: a gift to a legatee or devisee in substitution for another devisee or legatee who cannot take under the will (as because of death) – called also substitute gift;testamentary gift: a gift that does not become effective until the death of the donor; specif: a gift made in a will compare gift causa mortis and gift inter vivos in this entry2: something voluntarily transferred without compensation3: a transfer of property for less than adequate consideration other than in the ordinary course of business— used in the law of gift tax◇ The amount by which the value of property so transferred exceeds the consideration paid is included in the total amount of taxable gifts made during a calendar year.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
(flair) noun
ability, adeptness, adroitness, aptitude, capability, capacity, cleverness, competence, cunning, deftness, dexterity, dextrousness, endowment, expertise, expertness, facility, faculty, felicity, forte, genius, handiness, inborn aptitude, ingeniousness, ingenuity, innate ability, innate quality, instinct, knack, mastery, natura et ingenium, natural ability, natural quality, proficiency, qualification, quality, readiness, skill, skillfulness, special ability, special endowment, talent, turn
II
(present) noun
allowance, award, benefaction, bestowment, contribution, dispensation, donation, donative, donum, endowment, favor, grant, gratuity, legacy, munus, present, presentation, tribute
associated concepts: absolute gift, acceptance of a gift, bequest, charitable gift, class gift, conditional gift, contingent gift, delivery of a gift, devise, donative intent for a gift, executory gift, expectation of a gift, future gift, gift causa mortis, gift for a public purpose, gift in contemplation of death, gift in praesenti, gift to take effect at death, illusory gift, incomplete gift, intervivos gift, qualified gift, revocable gift, testamentary gift, unconditional gift, verbal gift
foreign phrases:
- Invito beneficium non datur. — A benefit is not conferred upon a person against his will.- Modus legem dat donationi. — Custom gives validity to the gift- Ubi et dantls et acclplentls turpitudo versatur, non posse repeti dicimus; quotiens autem accipientis turpitudo versatur, repeti posse. — Where there is turpitude by both the giver and receiver, we say it cannot be recovered back, but whenever the turpitude is in the receiver only, it can be recovered.- Non valet donatio nisi subsequatur traditio. — A gift is invalid unless accompanied by possession.- Nemo dare potest quod non habet — No one is able to give that which he has not- Nemo praesumitur donare. — No one is presumed to have made a gift.- Inter alias causas acquisitions, magna, Celebris, et famosa est causa donationis. — Among other methods of acquiring property, there is a great, frequently used and famous means, that of gift- Cuius per errorem dati repetitio est, ejus consulto dati donatio est. — That which, when given through mistake can be recovered back, when given deliberately is a gift- Cujus est dare, ejus est disponere. — He who has a right to give, has the right to dispose of the gift- Nul charter, nul vente, ne nul done vault perpetualment, si le donor n'est seise al temps de contracts de deux droits, sc. del droit de possession et del droit de propertie. — No grant, no sale, no gift, is valid forever, unless the donor, at the time of contract, has two rights, namely, the right of possession, and the right of property- Sola ac per se senectus donationem testament urn aut transactionem non vitiat. — Old age alone and of itself will not vitiate a will or gift- Qui sciens solvit indebitum donandi consilio id videtur fecisse. — One who knowingly pays what is not due is deemed to have done it with the intention of making a gift- Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola. — A legacy is confirmed by the death of a testator, in the same manner as a gift, as between living persons is confirmed by delivery alone- Donatio perficitur possesslone accipientis. — A gift is perfected by the possession of the receiver- Confirmatio est nulla ubi donum praecedens est invalidum. — A confirmation is a nullity, where the preceding gift is invalid.- Dans et retinens, nihil dat. — A person who gives and retains possession, gives nothing- Donari videtur, quod nullo jure cogente conceditur. — That is considered to be given which is transferred under no legal compulsions.- Donator nunquam desinit possidere, antequam donatorius incipiat possidere. — A donor never ceases to possess until the donee begins to possess- Donatio non praesumitur. — A gift is not presumed to have been made- Dona clandestina sunt semper suspicion. — Clandestine gifts are always open to suspicionIII index appropriation (donation), aptitude, behalf, benefit (conferment), bequest, bonus, bounty, caliber (mental capacity), cession, charity, competence (ability), contribution (donation), donation, endowment, faculty (ability), grant, gratuity (present), inheritance, perquisite, proclivity, propensity, reward, skill, subsidy, tendency, tip (gratuity)
Burton's Legal Thesaurus. William C. Burton. 2006
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n.Something given to someone else willingly and without expectation of payment; a voluntary and intentional giving of property by a competent donor that is delivered to and accepted by the recipient without exchange of consideration.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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a voluntary and gratuitous transfer of property, real or personal, heritable or moveable, made with the intention of transferring ownership from the owner to the to the donee. The instrument of transfer is determined by the nature of the property (i.e. a chattel can be transferred by mere delivery; unregistered land in England and Wales requires a deed; registered land requires an executed land transfer plus registration).For the purposes of inheritance tax, a gift, in relation to any transfer of value, is the benefit of any disposition or rule of law by which, on the making of the transfer, any property becomes the property of any person or applicable for any purpose (Inheritance Tax Act, Section 421).
Collins dictionary of law. W. J. Stewart. 2001.
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1) A voluntary transfer of property without payment or conditions.2) The thing that is transferred.Category: Divorce & Family LawCategory: Wills, Trusts & Estates → Living Wills & Medical Powers of AttorneyCategory: Wills, Trusts & Estates → Financial Powers of AttorneyCategory: Wills, Trusts & Estates → Estates, Executors & Probate CourtCategory: Wills, Trusts & Estates → Wills
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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1 n. Property given as a present.2 v. The action of making a present of property.@ class giftA gift made to a group of persons, the number of whom is determined at the time of the gift.@ gift causa mortis(Latin) A gift made by a donor in the expectation that he or she will die soon after.@ gift overA gift that becomes effective only upon the expiration of a prior transfer (such as a life estate).@ inter vivos giftAn irrevocable gift made during the owner's lifetime.@ testamentary giftA gift made by will.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A voluntary transfer of property or of a property interest from one individual to another, made gratuitously to the recipient. The individual who makes the gift is known as the donor, and the individual to whom the gift is made is called the donee.
Dictionary from West's Encyclopedia of American Law. 2005.
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A voluntary transfer of property or of a property interest from one individual to another, made gratuitously to the recipient. The individual who makes the gift is known as the donor, and the individual to whom the gift is made is called the donee.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the voluntary transfer of property (including money) to another person completely free of payment or strings while both the giver and the recipient are still alive. Large gifts are subject to the federal gift tax, and in some states, to a state gift tax.
Law dictionary. EdwART. 2013.
