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Gifts causa mortis is a Latin phrase used to refer to gifts made in contemplation of death which differ from gifts made inter vivos. Inter vivos refers to the average gift made between individuals who do not have high chances of mortality.
GIFT INTER VIVOS POLICIES In its simplest terms, a Gift Inter Vivos plan allows your clients to protect their beneficiaries from any potential inheritance tax (IHT) liability on a gift they have given, by providing cover for the potential tax over the 7 year period, once the gift is made.
To make an effective gift inter vivos or causa mortis, the law imposes three requirements: (1) the donor must deliver a deed or object to the donee; (2) the donor must actually intend to make a gift, and (3) the donee must accept (see Figure 36.1 "Gift Requirements").
The essential elements of an inter vivos gift are: (1) present donative intent (the donor's clear intent to pass title/interest to the property to the recipient); (2) delivery (a surrender of all or some dominion and control by the donor and allowing the donee to have possession, which may take different forms ...
The phrase refers to a transfer of property by agreement between living persons and can be contrasted with a testamentary transfer, which is a transfer made in a will after death. Thus, an inter-vivos gift is a gift made while someone is alive.