Legal Question in Wills and Trusts in Canada

gifts promised

if a gift item is promised to a party prior to and upon the death of the estate holder,

and then promised to another interested party when it is obvious the estate holder suffers from dimentia, who should the gift go to?


Asked on 1/19/09, 10:29 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: gifts promised

If the gift is an inter vivos gift ( during lifetime) a promise is nothing without delivery.

If the gift is a testamentary gift it cannot legally be made by a person without the necessary capacity to make a valid gift by will.

In this case it sounds as though the gifts are both inter vivos and as such without delivery neither are valid.

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Answered on 1/19/09, 11:01 pm


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