If a donor intends a donation to take effect during his lifetime but delivery will only happen after he dies, is it still a donation inter vivos?

Intent controls the classification, not the delivery date

Philippine law distinguishes between donations that take effect during the donor's life and those that take effect only upon death. The critical factor is not when the property is physically handed over — it is when the donor intends the donation to become effective. Article 729 of the Civil Code resolves any ambiguity on this point: when the donor intends the gift to operate immediately during their lifetime, the donation is inter vivos even if actual delivery is postponed until after death. Physical delivery can follow later without changing the legal character of the gift.

Why this distinction matters

The classification as inter vivos rather than mortis causa has significant legal consequences. A donation inter vivos — once accepted — is irrevocable except on specific grounds provided by law, such as the birth of a child, ingratitude of the donee, or failure to comply with conditions. It follows the legal requirements for donations during life, including formal requirements for real property. A donation mortis causa, by contrast, follows the rules for wills: it requires compliance with testamentary formalities and can be revoked freely during the donor's lifetime. Getting the classification wrong can affect the validity of the transaction.

Fruits belong to the donee from acceptance

Article 729 adds a practical consequence: the fruits of the property from the time of the acceptance of the donation shall pertain to the donee, unless the donor provides otherwise. Once the donee formally accepts the donation, they become entitled to the income or produce generated by the donated property — even though they have not yet physically received it. This reflects the principle that the donation already has legal effect from acceptance. The donor may contract around this by specifying in the deed that fruits belong to the donor until delivery, but absent such a clause, they go to the donee.

Proving donor intent

In practice, disputes arise when it is unclear whether the donor intended the donation to take effect immediately or only at death. The wording of the deed of donation is the primary guide: does it say the gift takes effect now, or only upon the donor's death? Other indicators include whether the donor reserved the right to revoke the gift freely, whether the donee was entitled to benefits during the donor's lifetime, and the surrounding circumstances. If the deed is ambiguous, courts examine all available evidence of intent. A clearly worded deed of donation that specifies when the gift takes effect avoids these disputes.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• Ursulina Ganuelas, et al. vs. Hon. Robert T. Cawed, et al, G.R. No. 123968, April 24, 2003 — read the decision on LawPhil →
• Ernesto Sicad, et al. vs. Court of Appeals, et al, G.R. No. 125888, August 13, 1998 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 729 — Donation Inter Vivos Despite Delayed Delivery