Deathbed Gifts (Gifts Causa Mortis) in New York

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Did you know that deathbed Gifts (also known as Giftsa Causa Mortis) can be challenged?

When someone makes a gift while facing imminent death, that transfer may be classified as a gift causa mortis — a legal term for a deathbed gift. These types of transfers are treated differently from gifts made during life (called inter vivos gifts), and they can raise complex issues in New York estate litigation.

At RK Law PC, we help families, beneficiaries, and fiduciaries evaluate and, when appropriate, challenge gifts allegedly made in the face of death. Here’s what you need to know.

What Is a Deathbed Gift (Gift Causa Mortis)?

A gift causa mortis is a gift made by a person who believes they are about to die, and intends the gift to take effect only if they die. These gifts are often made in the context of terminal illness, a serious medical procedure, or sudden trauma.

For deathbed gifts (gifts causa mortis) to be valid in New York, several elements must be present:

  • The donor must contemplate imminent death from a specific cause.
  • The gift must be made with the intent that it only take effect if the donor dies from that cause.
  • There must be delivery of the gift (actual or symbolic).
  • The donor must die of the contemplated peril.
  • The gift must be revocable if the donor survives.

Unlike a last will and testament, a gift causa mortis does not require witnesses or formal execution — making it more prone to abuse, confusion, and litigation.

Can Deathbed Gifts Be Contested?

Yes. Deathbed gifts are often challenged in New York Surrogate’s Court, especially when:

  • The alleged gift was not clearly delivered;
  • The decedent survived the peril but the gift was not revoked;
  • There is evidence of undue influence, fraud, or lack of capacity;
  • The gift interferes with the estate plan set forth in a valid will or trust.

For example, if a caretaker claims the decedent gave them a large sum of cash “just before surgery” but there’s no corroboration — and the decedent had a will naming other beneficiaries — the estate may seek to recover that gift through a turnover proceeding under SCPA 2104.

Common Examples of DeathBed Gifts (Gifts Causa Mortis)

  • A hospitalized patient gives their safe deposit key to a friend “in case I don’t make it.”
  • A terminally ill individual transfers a check or cash “in case this is the end.”
  • A person going into surgery hands over a valuable item with instructions only to keep it if they don’t survive.

These situations often turn on whether the intent and delivery requirements are met — and whether the death was truly from the contemplated peril.

If you’re an executor or beneficiary and believe deathbed gifts were invalid, there are several legal tools available:

Speak with a New York Estate Litigation Attorney

Deathbed gifts often occur when emotions run high and legal clarity is lacking. If you suspect a questionable transfer occurred just before death — or if you’re defending such a gift — contact RK Law PC.

📞 Call us at (917) 261-4514 or
📧 Schedule a consultation
to speak with an experienced New York estate litigation attorney.

For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:

Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com

Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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This page is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

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