Gift (law) - Intention

Intention

The donor of the gift must have a present intent to make a gift of the property to the donee. A promise to make a gift in the future is unenforceable, and legally meaningless, even if the promise is accompanied by a present transfer of the physical property in question.

Suppose, for example, that a man gives a woman a ring and tells her that it is for her next birthday and to hold on to it until then. The man has not made a gift, and could legally demand the ring back at any time before the woman's birthday. In contrast, suppose a man gives a woman a deed and tells her it will be in her best interest if the deed stays in his safe-deposit box. The man has made a gift and would be unable to legally reclaim it.

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Famous quotes containing the word intention:

    Parenthood is not an object of appetite or even desire. It is an object of will. There is no appetite for parenthood; there is only a purpose or intention of parenthood.
    —R.G. (Robin George)

    The powers of the federal government ... result from the compact to which the states are parties, [and are] limited by the plain sense and intention of the instrument constituting that compact.
    James Madison (1751–1836)

    O Lord, deliver me from the man of excellent intention and impure heart: for the heart is deceitful above all things, and desperately wicked.
    —T.S. (Thomas Stearns)