As used in this part, “gift” means a transfer of personal property made voluntarily and without consideration.
Nonprobate TransfersGifts in View of Impending Death
Section § 5700
This law defines a 'gift' as when someone voluntarily gives personal property to another person without expecting anything in return.
gift definition voluntary transfer personal property
Section § 5701
This law states that a gift given because someone expects to die soon is treated like any other gift of personal property unless specified otherwise in this part of the law.
Except as provided in this part, a gift in view of impending death is subject to the general law relating to gifts of personal property.
gift in contemplation of death gift causa mortis personal property gift
Section § 5702
This law explains a 'gift in view of impending death.' It's a gift someone gives when they think they might die soon, due to illness or other danger. The idea is that the gift can be taken back if the person ends up surviving. If a law mentions a gift like this, it's talking about a gift given when death seemed near.
(a)CA Probate Code § 5702(a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impending death, whether from illness or other cause, and with intent that it shall be revoked if the giver recovers from the illness or escapes from the peril.
(b)CA Probate Code § 5702(b) A reference in a statute to a gift in view of death means a gift in view of impending death.
gift in view of impending death revocable gifts impending death gifts
Section § 5703
This law states that if a person gives a gift while they are seriously ill or believe they are going to die soon, it is assumed to be a gift made because they expect to pass away soon.
A gift made during the last illness of the giver, or under circumstances which would naturally impress the giver with an expectation of speedy death, is presumed to be a gift in view of impending death.
gift during illness giver's expectation of death gift in view of death
Section § 5704
This law explains the rules around gifts given in anticipation of someone's death. A gift given under these circumstances can be revoked (or canceled) if the person who made the gift recovers from the sickness or escapes the danger they were in at the time of giving. It can also be revoked if the person receiving the gift dies before the person who gave it. Additionally, the person who gave the gift can revoke it at any time, or they can mention in their will that they want to revoke it.
However, if the gift has already been handed over to the recipient and someone else buys or claims it in good faith before knowing it could be taken back, their rights won't be affected. Also, such a gift remains valid despite any earlier will of the person who made the gift.
(a)CA Probate Code § 5704(a) A gift in view of impending death is revoked by:
(1)CA Probate Code § 5704(a)(1) The giver’s recovery from the illness, or escape from the peril, under the presence of which it was made.
(2)CA Probate Code § 5704(a)(2) The death of the donee before the death of the giver.
(b)CA Probate Code § 5704(b) A gift in view of impending death may be revoked by:
(1)CA Probate Code § 5704(b)(1) The giver at any time.
(2)CA Probate Code § 5704(b)(2) The giver’s will if the will expresses an intention to revoke the gift.
(c)CA Probate Code § 5704(c) A gift in view of impending death is not affected by a previous will of the giver.
(d)CA Probate Code § 5704(d) Notwithstanding subdivisions (a) and (b), when the gift has been delivered to the donee, the rights of a purchaser or encumbrancer, acting before the revocation in good faith, for a valuable consideration, and without knowledge of the conditional nature of the gift, are not affected by the revocation.
gifts upon impending death revocation of gifts gift revocation conditions
