Accessory Doll Gift Gras Jester Mardi Blog

Law Lessons from LORETTE WOLPIN V. MILES D. WOLPIN, ET AL., App. Div., A-1399-08T2, March 23, 2010:

In Jennings v. Cutler, 288 N.J. Super. 553 (App. Div. 1996), the court stated that “[t]he three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership and dominion over the subject matter of the gift, at least to the extent practicable or possible, considering the nature of the thing to be given.” Id. at 562. These three factors are “interrelated” and “[t]o constitute an inter vivos gift, not only must the donor have a clear intention to give a gift, but the gift must be completed.” Ibid.

The recordation of a document is sufficient to constitute its delivery for purposes of establishing a gift, Fischer v. Gerndt, 94 N.J. Eq. 53, 55 (Ch. 1922). However, the law does not require that a deed be recorded to be an effective gift. See H.K. v. Dep’t of Human Servs., 184 N.J. 367, 382 (2005) (noting that recording is not a necessary prerequisite to pass title). If a deed is physically delivered without the requisite intent to immediately convey title, then the requirement of delivery has not been met. Ibid.

A parent’s failure to record the deed given to the children was evidence of his lack of donative intent and evidence of his failure to relinquish dominion and control. Also, the parent’s statement to his son not to do anything with the deed until after his death was further evidence that the gift was incomplete. Also, the fact that the sons never took dominion and control of the premises or paid any of its expenses is consistent with an incomplete gift.

 Print This Post An Inter Vivos transfer of property is by definition an agreement between living persons, and not by a gift through a will.

The report analyses the validation and the collection of revenue due in respect of Inter Vivos Transfer of Property here in Malta. Conclusions presented in the report are based on data up to December 2008 and also outline actions and initiatives taken, or which are under the consideration, by the Capital Transfers Duty Department (CTDD).

The full report can be downloaded here.