What is the test for an inter vivos gift?
British Columbia, Canada
The following excerpt is from Williams v Williams Estate, 2018 BCSC 711 (CanLII):
Two requirements must be met for an inter vivos gift to be legally binding. First, the donor must have intended to make a gift and, second, the gift must have been delivered. With respect to the first requirement, the donor’s intention at the time of the transfer is the governing consideration. With respect to the second requirement, the donor must have done everything necessary “according to the nature of the property” to transfer it in a legally binding way: McKendry v. McKendry, 2017 BCCA 48 at para. 31.
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