Short answer. Not automatically. Article 730 of the Civil Code states that attaching a suspensive condition that may outlast the donor's natural life does not by itself change the donation's nature from inter vivos to mortis causa — unless a contrary intention appears in the deed. The condition's timing alone is not decisive.
What the law says
The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears.
Civil Code, Article 730 — Suspensive Condition Does Not Change Nature. Read the full provision →
Why the distinction between inter vivos and mortis causa matters
A donation inter vivos takes effect during the donor's lifetime. Once completed, it transfers ownership to the recipient — the donor cannot simply revoke it without legal basis. A donation mortis causa, by contrast, takes effect only upon the donor's death and is essentially a testamentary disposition. It must comply with the formalities of a will, and it can be freely revoked by the donor while alive. The practical stakes are high: if a donation is classified as mortis causa, it must follow will-formalities to be valid; if it is inter vivos, different rules apply.
The rule under Article 730
It might seem logical that a donation conditioned on something that may not happen until after the donor dies should be treated as a death-triggered gift — and therefore as mortis causa. Article 730 rejects that logic as the default. The mere fact that the suspensive condition may be fulfilled beyond the donor's natural lifespan does not transform the donation. The donation remains inter vivos unless the deed or the surrounding circumstances reveal a contrary intention — that the donor actually meant to give only upon or because of their death.
When contrary intention can appear
Article 730 turns on intent. A contrary intention — meaning the donor meant this to take effect only at death — can appear from the language of the deed itself or from its overall terms. If the deed says something like "I give this to you, to take effect only after I die," that language expresses a mortis causa intent regardless of whether any separate suspensive condition is involved. The combination of a long-term condition and explicit language tying the gift to the donor's death would point strongly toward mortis causa treatment. But a long condition alone, without such language, does not suffice to cross that line.
What this means if you have such a deed
If you have a deed of donation that includes a suspensive condition — say, ownership transfers only when a particular event occurs, and that event is uncertain and may happen after the donor's expected death — the donation is still inter vivos in character unless the deed shows a different intent. This means the donor has already effectively given up revocation rights over the property, subject only to the condition being satisfied. If the condition is never fulfilled, the donation may lapse rather than revert because of death. Reading the specific language of the deed is essential; these distinctions are fine and fact-specific.