A few months before his death, Francis executed a document denominated 'Deed of Donation Inter Vivos,' in which he ceded a portion of his lot to his favorite caregiver, Ciri, who accepted the donation in the same instrument.
Francis' nephews and nieces, his heirs by intestate succession, sought to nullify the deed of donation inter vivos their uncle executed in favor of Ciri.
Q: Is the Deed of Donation Inter Vivos Francis executed in favor of Ciri void?
However, a usufruct may be established by donation inter vivos, and there are slightly different rights and duties imposed on the usufructuary whose usufruct is established inter vivos instead of mortis causa.
It does not include the right to alienate by donation inter vivos, unless that right is expressly granted.
When the deed of donation provides that the donor will not dispose or take away the property donated (thus making the donation irrevocable), he in effect is making a donation inter vivos.
It remains to be a donation inter vivos despite an express provision that the donor continues to be in possession and enjoyment of the donated property while he is alive.
Consequently, the donation was in reality a donation inter vivos.
When the donor intends that the donation shall take effect during the lifetime of the donor, this shall be a
donation inter vivos.
