References in periodicals archive ?
For example, a will usually needs to be in writing whereas a gift causa mortis is usually not, a will is not required to be executed in "immediate apprehension" of impending death, and real property cannot be disposed of by a gift causa mortis.
Possibly with these risks in mind, courts have limited the effectiveness of gifts causa mortis by subject matter and by type of delivery.
Long ago apprehending the situational ambiguity of gifts causa mortis, the Roman jurists guided their formalization more adroitly: Under the Code of Justinian, gifts causa mortis required multiple witnesses.
As already noted, wills functionally resemble gifts causa mortis, and that is especially true of deathbed wills.
Just as they have amalgamated the formalizing rules for gifts causa mortis with ordinary gifts, so have lawmakers in most states consolidated wills causa mortis (so to speak) with ordinary wills.
As a general proposition, contracts causa mortis (again speaking by taxonomic analogy) are treated no differently from other contracts, despite the special evidentiary problems that they present, unless they take the form of contracts to make wills.