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(32) However, this principle does not extend to authorizing a guardian to make gifts of the ward's property that are not supported by evidence of the ward's donative intent or that are contrary to the ward's intent.
Muschik also addresses donative intent in the framework of nonmarital claims, and the concept of "marital" efforts increasing the value of otherwise nonmarital property.
the $10,000.<br />The circuit court here was plainly wrong in finding the required clear and convincing evidence of husband's donative intent. In light of the other circumstances, the mere fact that Husband wrote Z.'s name on the memo line of the check doesn't support the conclusion that Husband intended the check to be a gift to Z.
On March 3, 20, the Court found that the records provided to the Court did not establish the decedent's donative intent and that when the decedent opened the accounts he did not designate a right of survivorship to any of the accounts.
Interestingly, the TRAIN Law introduced a presumption with regard to 'Transfers for Less Than Adequate and Full Consideration.' Section 100 of the Tax Code was amended to provide that 'a sale, exchange or other transfer of property made in the ordinary course of business (a transaction that is a bona fide, at arm's length and free from any donative intent), will be considered as made for an adequate and full consideration in money or money's worth.
25.2512-8, i.e., that the transfer was (1) bona fide, (2) transacted at arm's length, and (3) free of donative intent. The court analyzed the transfer by Edward to his children's trusts and concluded that it met all three requirements.
(43) The rationale harkens back to donative intent: "if the testator had wished the loss of the beneficiary's bequest to result from the conduct at issue, the testator could have drafted the will to accomplish that result." (44)
Havey contributed all the funds to the accounts and retained the right to withdraw them does not negate the existence of donative intent required to validate a gift."); Karsenty v.
1165, 1215 (2008) (discussing competing theories of trust construction); Mary Louise Fellows, In Search of Donative Intent, 73 IOWA L.
RTT, in contrast, leverages the donative intent and reciprocity of friends and family inherent in the kidney paired-donation model to avoid the net-outflow or organ-deficit problem of traditional transplant tourism--under RTT, organ flows out of each country are matched with inflows.
Many modem (and even some early) courts have put forward what is best described as a remedial doctrine of gift formality, holding gifts valid where donors have died before they could complete delivery, at least if evidence of donative intent appears unequivocal.