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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 4. GIFTS GENERALLY · Part 2. Gifts Causa Mortis

44-5-100. Criteria for making valid gift causa mortis.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    To constitute a valid gift in contemplation of death, the following criteria must be met:#

    1. (1)

      The object of the gift must be personal property;#

    2. (2)

      The donor must be in his last illness or in peril of death;#

    3. (3)

      The gift must be intended to be absolute only in the event of death;#

    4. (4)

      The gift must be perfected by either actual or symbolic delivery; and#

    5. (5)

      The gift must be proved by one or more witnesses.#

  2. (b)

    A gift in contemplation of death may be made by parol.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2626; Code 1868, § 2626; Code 1873, § 2668; Code 1882, § 2668; Civil Code 1895, § 3574; Civil Code 1910, § 4154; Code 1933, § 48-201.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 476; merge action: carried; file SHA-256 490191d3dc54.