What are the necessary elements for a valid inter vivos gift?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

The necessary elements for a valid inter vivos gift are intent, delivery, and acceptance.

Intent refers to the donor's clear and unequivocal desire to make a gift of property to the donee. This intent must be present at the time the gift is made, indicating the donor's wish to transfer ownership without expecting anything in return.

Delivery is critical as it represents the actual or constructive transfer of the property from the donor to the donee. For tangible items, physical delivery is needed, while for intangible items, such as stocks or shares, constructive delivery through appropriate means (like transferring the registration) is sufficient.

Acceptance signifies that the donee agrees to receive the gift. Generally, acceptance is presumed unless the donee clearly rejects the gift.

Together, these three components establish a valid inter vivos gift, meaning a gift made during the donor's lifetime, distinguishing it from gifts made in contemplation of death (donatio mortis causa) which have different requirements.

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