What are the elements of a gift?
California, United States of America
The following excerpt is from Passante v. McWilliam, 53 Cal.App.4th 1240, 62 Cal.Rptr.2d 298 (Cal. App. 1997):
7 The elements of a gift include delivery, either actual or symbolical. (See Jaffe v. Carroll (1973) 35 Cal.App.3d 53, 59, 110 Cal.Rptr. 435; see also Black's Law Dict. (5th ed. 1979) p. 619, col. 1 (requisites of gift include completed delivery to or for donee).) Passante has never argued that there was delivery of the stock such that a gift had been made.
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