The essential requirements for a valid donatio mortis causa are:

(a)The gift must be made in contemplation, although not necessarily in the expectation, of impending death.

It is not sufficient that the donor has in mind that they will die at some time in the future. Instead, the donor should be contemplating their death in the near future and for a specific reason. The donor must have a good reason to perceive death in the near future from an identified cause, although the cause need not necessarily lead to death.36

(b)The gift must be made on condition that it is absolute and perfected only on death, and revocable until death occurs.

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