Donative Intent Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Donative Intent, written in plain English, along with examples of how it is used.
What is Donative Intent?
n. A conscientious desire to make a gift. This is distinguishable from providing something for nothing by mistake or under pressure.
History and Meaning of Donative Intent
Donative Intent is a term used in law to refer to the intention of giving a gift or making a donation. It can be defined as a true intention to give a gift or make a transfer of property for the purpose of benefiting the recipient, without expecting anything in return. Donative Intent is an important concept in property law, as it helps to determine whether a transfer of property is a gift or a sale, which can have significant legal consequences.
In order for a transfer of property to be considered a gift, there must be donative intent. The donor must have a genuine intention to relinquish control of the property and transfer it to the recipient as a gift. This intention must be proven by evidence of the donor's words or actions, and must be present at the time of the transfer.
Examples of Donative Intent
- A mother transfers ownership of her car to her son for no consideration, intending it to be a gift.
- A wealthy individual sets up a charitable trust to benefit a particular cause, intending to make a donation.
- A person writes a will leaving their savings to a friend, intending for it to be a gift.
Legal Terms Similar to Donative Intent
- Gift: A transfer of property from one person to another without consideration or compensation.
- Consideration: Something of value exchanged for goods or services, usually money.
- Charitable donation: A donation made to a charitable organization, usually for tax purposes.
- Transfer of title: The process of transferring legal ownership of property from one person to another.