August 27, 2009

Trusts and Estates.

Practice point: To make a valid inter vivos gift, there must be
the intent to transfer; there must be delivery, either actual or constructive; and there must be acceptance by the donee.

Practitioners should note that the law will presume an acceptance when the gift is of value.

Case: Shybunko v. Geodesic Homes, Inc., NY Slip Op 06174 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Municipalities Law.