• 2005 - Gift of Personal Property
  • C-40.40
    • Wills And Gifts
    • Wills And Gifts
  • A "gift" is a transfer of personal property made voluntarily and without consideration.

     

    To constitute a valid, effective gift, given while the donor is alive, there must be an intention on the part of the donor then and there to transfer ownership of the property to the donee, coupled with an actual or constructive delivery of the property of a nature sufficient to divest the donor of exclusive possession and control of the property and to invest the donee with the interest divested. To have the effect of a valid gift, the transfer of possession and title must be absolute and go into immediate effect, so far as the donor can make it so by intent and delivery, and must be so complete that if the donor again resumes control over it without consent of the donee, the donor becomes liable as a trespasser.

     

    [An oral gift is not valid unless the means of obtaining possession and control of the property are given. If the property is capable of delivery, there must also be an actual or symbolic delivery of the property to the donee.]

     

    If a transfer is unaccompanied by any condition to be performed by the donee, acceptance of the gift is presumed [.] [,especially where the gift is from parent to child and operates entirely for the donee's benefit. There is a rebuttable presumption of a gift when a parent pays for property that is transferred to a child.]

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    • 47-11-06
    • 47-11-14
    • 47-11-15
    • 47-11-16
    • Durward v. Nelson, 481 NW2d (ND 1992)
    • In re Estate of Paulson, 219 NW2d 132 (ND 1974)
    • In re Kaspari's Estate, 71 NW2d 558 (ND 1955)
    • Kohler v. Flynn, 493 NW2d 647 (ND 1992)
    • Lindvig v. Lindvig, 385 NW2d (ND 1986)
  • Notes: