What does the term 'donation mortis causa' refer to?

The term 'donation mortis causa' refers specifically to a gift made in contemplation of death, which is often formalized through a Will. This legal concept allows an individual to transfer ownership of property to another person, with the understanding that the transfer only takes effect upon the donor's death. It signifies an intention to bestow a gift as if it were part of a will, thus making it a gift that is contingent upon the donor's demise.

In Louisiana, 'donation mortis causa' must meet certain legal requirements to be valid, akin to testamentary dispositions in a will. This background ensures that the gift is treated under specific laws governing testamentary gifts, distinguishing it from gifts made during one’s lifetime or with specific conditions and restrictions.

The concept of a gift while living refers to inter vivos donations, which are not contingent upon death, while conditional gifts and gifts with restrictions impose specific terms on the recipient. Understanding 'donation mortis causa' as closely related to a Will clarifies its unique position in Louisiana notarial practice, as it emphasizes the connection between the act of giving and the consideration of mortality.