Gift Over Definition:

To provide for the gift of property to a second recipient if a certain event occurs, such as the death of the first recipient.

Related Terms: Donatio Mortis Causa, Cy-pres, Life Estate

For example, I give you my car but insist that on your death; you must give it to your child; that is ultimately a gift to the benefit of your child.

A gift over removes the applcation of the Rule in Saunders v Vautier.

REFERENCES:

  • In re Freeney's Estate, 142 A. 284 (1928)

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