Donatio mortis causa is an example of property that is not governed by the rule that property passes to personal representatives on death. Which statement is true?

Donatio mortis causa is an example of property that is not governed by the rule that property passes to personal representatives on death. Which statement is true?

• A. It passes to the personal representatives.
• B. It remains with the donor.
• C. It is exempt from that rule.
• D. It immediately vests in legatees.

Answer: (C)

Donatio mortis causa is a deathbed gift that bypasses the ordinary rule, which is that property passes to personal representatives on death. It is a gift made by someone who is in imminent danger of death and takes effect when that death occurs, transferring ownership directly to the named donee rather than to the deceased’s estate. This is why the statement is true: it is exempt from the rule that property passes to personal representatives on death. The transfer happens outside the estate, as a gift that becomes effective at death (and is revocable if the donor recovers). It is not something that immediately vests in legatees under a will, nor does it stay with the donor or go to the personal representatives.

Donatio mortis causa is a deathbed gift that bypasses the ordinary rule, which is that property passes to personal representatives on death. It is a gift made by someone who is in imminent danger of death and takes effect when that death occurs, transferring ownership directly to the named donee rather than to the deceased’s estate.

This is why the statement is true: it is exempt from the rule that property passes to personal representatives on death. The transfer happens outside the estate, as a gift that becomes effective at death (and is revocable if the donor recovers). It is not something that immediately vests in legatees under a will, nor does it stay with the donor or go to the personal representatives.