Many people have heard of the term ‘Death bed gift’, but is it fully understood? This can be a complex matter and add stress at the already difficult time of a loved one passing. Here we look at what is meant by ‘Death bed gift’.
Death Bed Gift – True Meaning
A death bed gift is a name given to a gift or promise of a gift made by someone facing impending death. There is a technical term for a death bed gift, which is Donatio Mortis Causa. When the passing of someone is imminent, and they have not made the correct provisions for their belongings and assets, they may mention a gift. However, unlike wishes documented in legal wills or the intestacy law, a gift is rarely legally standing, as they usually bypass the executor or administrator of the estate.
Why do Death Bed Gifts Often Fail?
Death bed gifts often fail due to strict requirements surrounding inheritance. These are:
- The beneficiary of the gift must prove that the deceased believed they would die, and it was within that time they promised the gift.
- The gift is promised on the condition that if the person was to recover, it is then revoked.
- The gift giver must in some way part with the item. If it is intangible, they must part with something that controls said thing.
- The gift giver must be capable of giving the said thing.
These four criteria must be met for the death bed gift to be successful, and it is very tricky to achieve this.
What is the Solution?
The best way to ensure a gift goes to the person it is intended to go to is to write a will. This can be done at any time and can also be updated at any time and as many times as you need. As long as you have mental capacity, you can update your will. This is a far more reliable way of ensuring the people you want to have things get them. It will leave no uncertainty and will outline in a legal document as opposed to in the form of someone’s word, which is extremely hard to prove.
Death bed gifts cause a lengthy, uncertain and potentially stressful process that could lead to disappointment. If the gift fails, it may end up going to a beneficiary that the deceased did not want it to go to. Making a will eliminates this risk.
Contact Jersey Probate on 0203 9859556.
