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.

(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.#
(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.

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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.

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