In addition to intent, what is required for a gift to take place?

Study for the LEGL 2700 Hackleman 2 Exam. Enhance your skills with multiple choice questions, comprehensive explanations, and strategic study tips. Prepare for success!

A gift is legally defined as a voluntary transfer of property or assets from one person to another without any consideration in return. For a gift to be legally recognized, two key elements must be established: the intention of the donor to give the gift and the delivery of the gift to the recipient.

Delivery is crucial because it demonstrates the actual transfer of possession. The act of physically transferring the item or property signifies that the giver has relinquished control and that the recipient now has ownership. This transfer of possession can take various forms, such as handing over a physical item or executing documents for real property. Without this delivery, there is no effective gift, even if the intent is clearly demonstrated.

Legal documentation, public announcements, or the involvement of witnesses may be relevant in certain contexts, such as in the case of wills or large gifts like real estate transactions, but they are not essential for the basic concept of a gift to be enforceable. The fundamental requirement remains that actual delivery is necessary to validate the transfer of ownership in the eyes of the law.

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