Section 31 of the law of succession Act provides that a gift made in contemplation of death shall be valid despite there being no transfer. Explain...

      

Section 31 of the law of succession Act provides that a gift made in contemplation of
death shall be valid despite there being no transfer. Explain the conditions which have
to be fulfilled before such gifts can be valid.

  

Answers


Maurice
Under section 31 of the Law of Succession Act, Cap 160, Laws of Kenya, a gift
in contemplation of death is valid only if:
(i) The donor is at the time contemplating death by reason of a present illness or
present and imminent danger.

(ii) The gift involves movable property disposable by will.

(iii) There is delivery of possession or documents of title to the intended beneficiary.

(iv) The donor does not survive the illness or danger.

(v) The beneficiary survives the donor.

(vi) The gift is made in circumstances which show that the donor intended it to revert
to him should he survive the illness or danger.
maurice.mutuku answered the question on April 28, 2018 at 12:05


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