The distinction between a donation inter vivos and a donation mortis causa is crucial because it changes the required formalities. A donation inter vivos takes effect during the lifetime of the donor, independently of the donor's death; ownership passes to the donee upon acceptance, and it must follow the formalities for donations (for immovables, a public instrument). A donation mortis causa, by contrast, takes effect upon the death of the donor and is essentially a disposition of property to take effect at death; it partakes of the nature of a testamentary disposition and must therefore comply with the formalities of a will, or it is void. The key indicators of a donation mortis causa are: the transfer conveys no title or ownership before the donor's death (or the donor retains full control and can revoke at will), and it is essentially revocable during the donor's lifetime. If a donation is really mortis causa but was executed only with the formalities of an ordinary donation (not a will), it is void. Courts look beyond the label to the true nature: did ownership pass during life, or only at death? This determines validity.
Why the Distinction Matters
The distinction changes the required formalities — and can make the difference between a valid and a void donation.
Donation Inter Vivos
Takes effect during the donor's lifetime, independently of death; ownership passes on acceptance. It follows the formalities for donations (a public instrument for immovables).
Donation Mortis Causa
Takes effect upon the donor's death — essentially a testamentary disposition. It must comply with the formalities of a will, or it is void. Indicators: no title passes before death, and it is revocable at will.
Practical Takeaways
- Inter vivos passes ownership during life; mortis causa only at death;
- A mortis causa donation must follow will formalities or it is void;
- Courts look at the true nature (when ownership passes), not the label.
Frequently Asked Questions
What is the difference between a donation inter vivos and mortis causa? A donation inter vivos takes effect during the donor's lifetime, passing ownership on acceptance. A donation mortis causa takes effect upon the donor's death and is essentially testamentary.
Why does the distinction matter? Because it determines the required formalities. A donation mortis causa must comply with the formalities of a will, or it is void. A donation inter vivos follows the ordinary formalities for donations.
How do I know if a donation is mortis causa? Key indicators are that no title or ownership passes before the donor's death (or the donor retains full control), and that the donation is essentially revocable during the donor's lifetime.
What if a mortis causa donation only followed ordinary donation formalities? It is void. A donation that is really mortis causa but was executed only with the formalities of an ordinary donation, not a will, does not comply with the required will formalities.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.