Explain the conditions to be fulfilled before a gift in contemplation of death can take effect

Under section 31 of the Law of Succession Act, for a donatio Mortis Causa to take effect the following conditions must be fulfilled.

The donor was at the time contemplating death by reason of a present illness or present or imminent danger.

The donor gives movable property (including debts) capable of being disposed of by will.

The donor delivered to the intended beneficiary possession or means of possession of the property, documents or other evidence of title thereto.

The gift is made in circumstances that show that the donor intended the same to revert to him should he survive the illness or danger.

The donor must not survive the illness or danger.

The beneficiary must survive the donor.

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