Transfer in contemplation of death

Transfer in contemplation of death

A transfer in contemplation of death is a transfer of property made by a person in the expectation that he or she will shortly die.

Under some circumstances, the transfer may be cancelled revoked in the event that the person does not die within the expected timeframe.

Legally, difficulties can arise as to whom the beneficial title to the transferred assets is vested in until the donor actually dies, which in turn can give rise to tax complications.

References and links

[http://legal-dictionary.thefreedictionary.com/transfer+in+contemplation+of+death The Free Dictionary]


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  • transfer in contemplation of death — A gift made by a person who believes that he or she will soon die. Also called gift causa mortis. Recovery of health may void the gift. Category: Wills, Trusts & Estates Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill …   Law dictionary

  • transfer in contemplation of death — A transfer made under a present apprehension on the part of the transferor, from some existing bodily or mental condition or impending peril, creating a reasonable fear that death is near at hand. See contemplation of death …   Black's law dictionary

  • transfer in contemplation of death — A transfer of property, usually to spouse or child, impelled by the thought of death. United States v Wells, 283 US 102, 75 L Ed 867, 51 S Ct 446. Inclusive of a gift inter vivos, as well as a gift causa mortis, provided it is made in… …   Ballentine's law dictionary

  • contemplation of death — When anticipation of death due to age, illness, injury, or mortal danger causes a person to make a gift, transfer property, or take some other dramatic action. Also called causa mortis. (See also: gift in contemplation of death) Category: Wills,… …   Law dictionary

  • contemplation of death — The apprehension or expectation of approaching dissolution; not that general expectation which every mortal entertains, but the apprehension which arises from some presently existing sickness or physical condition or from some impending danger.… …   Black's law dictionary

  • contemplation of death — The apprehension or expectation of approaching dissolution; not that general expectation which every mortal entertains, but the apprehension which arises from some presently existing sickness or physical condition or from some impending danger.… …   Black's law dictionary

  • contemplation of death — That expectancy of death which actuates the mind of the person on doing the act in question. Anno: 4 ALR 1523; something more than the general expectation of death which all persons entertain; an apprehension of death arising from some existing… …   Ballentine's law dictionary

  • in contemplation of death — In taxation and property law, a transaction, commonly a transfer or gift of property, made by the donor with a view towards his death. For federal estate tax purposes, a transfer made within three years of the decedent s death is deemed to be… …   Black's law dictionary

  • in contemplation of death — In taxation and property law, a transaction, commonly a transfer or gift of property, made by the donor with a view towards his death. For federal estate tax purposes, a transfer made within three years of the decedent s death is deemed to be… …   Black's law dictionary

  • death — n: a permanent cessation of all vital bodily functions: the end of life see also brain death, civil death ◇ Death is usu. defined by statute and for purposes of criminal homicide has been held to include brain death. Merriam Webster’s Dictionary… …   Law dictionary

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