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Simple English definitions for legal terms
in contemplation of death
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A quick definition of in contemplation of death:
Term: In Contemplation of Death
Definition: In contemplation of death means thinking about the possibility of dying and transferring property to someone else as a result. This doesn't necessarily mean that death is imminent, but it is the reason for the transfer. This is also known as contemplation of death. If someone gives a gift in contemplation of death, it is called a gift causa mortis. This can have tax implications, as outlined in Internal Revenue Code section 4159(2).
A more thorough explanation:
In contemplation of death refers to the thought of dying, not necessarily from imminent danger, but as the compelling reason to transfer property to another. It is often associated with the legal concept of gift causa mortis, which is a gift made in anticipation of death.
- A person writes a will and leaves all their assets to their children in contemplation of death.
- An individual transfers ownership of their property to a trusted friend in anticipation of their death.
These examples illustrate how someone may transfer their property to another person in contemplation of death. It is important to note that this type of transfer is often done with the intention of avoiding probate or ensuring that the property goes to a specific person after the individual's death.