When a grantor deposits a deed with a third party to be handed to the grantee on the death of the grantor, does it constitute a testamentary disposition of his property?

California, United States of America


The following excerpt is from Danenberg v. O'Connor, 15 Cal.Rptr. 667, 195 Cal.App.2d 194 (Cal. App. 1961):

'On the other hand it is equally well settled that, where a deed is deposited with a third party to be handed to the grantee on the death of the grantor, unless this is accompanied by an intention on the part of the grantor that title to the property shall thereby immediately pass to the grantee, there is no delivery of the deed, and consequently no title is transferred. If the deed is handed to the depositary without any intention of presently transferring title, but, on the contrary, the grantor intended to reserve the right of dominion over the deed and revoke or recall it, there is no effective delivery of the deed as a transfer of title. So, too, if it be the intention of the grantor when he deposits a deed that it shall only be delivered to the grantee by the depositary after the death of the grantor, and that the title is to vest only upon such delivery after his death, then the deed is entirely inoperative as constituting an attempt by the grantor to make a testamentary disposition of his property. This may only be done by will executed as required by the law of wills of this state, and a deed, the purpose of which is intended to be testamentary cannot be given effect.'

Also, in Azevedo v. Azevedo, 1 Cal.App.2d 504, 506, 36 P.2d 1078, 1079 it is set forth:

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