PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705]
( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )
As used in this part, “gift” means a transfer of personal property made voluntarily and without consideration.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
Except as provided in this part, a gift in view of impending death is subject to the general law relating to gifts of personal property.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
(a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impending death, whether from illness or other cause, and with intent that it shall be revoked if the giver recovers from the illness or escapes from the peril.
(b) A reference in a statute to a gift in view of death means a gift in view of impending death.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
A gift made during the last illness of the giver, or under circumstances which would naturally impress the giver with an expectation of speedy death, is presumed to be a gift in view of impending death.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
(a) A gift in view of impending death is revoked by:
(1) The giver’s recovery from the illness, or escape from the peril, under the presence of which it was made.
(2) The death of the donee before the death of the giver.
(b) A gift in view of impending death may be revoked by:
(1) The giver at any time.
(2) The giver’s will if the will expresses an intention to revoke the gift.
(c) A gift in view of impending death is not affected by a previous will of the giver.
(d) Notwithstanding subdivisions (a) and (b), when the gift has been delivered to the donee, the rights of a purchaser or encumbrancer, acting before the revocation in good faith, for a valuable consideration, and without knowledge of the conditional nature of the gift, are not affected by the revocation.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
A gift in view of impending death is subject to Section 9653.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)