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LSDefine

Simple English definitions for legal terms

transfer in contemplation of death

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A quick definition of transfer in contemplation of death:

Transfer in contemplation of death is when someone gives away their property to others because they think they are going to die soon. If they get better, they can take back the property. This is also called a gift causa mortis. The most important thing is that the person giving away the property believes they are going to die soon and that's why they are giving it away.

A more thorough explanation:

Transfer in contemplation of death is a legal term that refers to the act of giving away property to someone else when a person believes they are about to die. This type of transfer is also known as a gift causa mortis.

The key factor in a transfer in contemplation of death is the donor's state of mind. The donor must believe that their imminent death is a compelling reason for transferring their property to another person. If the donor later recovers, they may revoke the transfer.

John is diagnosed with a terminal illness and believes he only has a few months to live. He decides to transfer ownership of his car to his son, Tom, in contemplation of his death. John passes away a few weeks later. Since John made the transfer while believing he was about to die, it is considered a transfer in contemplation of death.

Another example could be a person who is about to undergo a dangerous surgery and decides to transfer their property to a loved one in case they do not survive the procedure.

These examples illustrate how a transfer in contemplation of death occurs when a person believes they are about to die and wants to ensure their property is given to someone they trust.

Transfer agent | transfer-on-death (TOD)

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