3 Elements of a Valid Gift

For a gift to be valid, three elements must be satisfied:

(1) the donor must possess the intent to transfer title gratuitously to the donee;

(2) there must be actual or constructive delivery of the subject matter to the donee, unless the subject matter is already in the donee's possession;

(3) the donee must accept the gift. Davidson v. Bugbee, 227 Mich App 264, 268; 575 NW2d 574 (1997).

A gift inter vivos must be fully consummated during the life of the donor, and must invest ownership in the donee beyond the power of recall by the donor. Osius v. Dingell, 375 Mich 605, 611; 134 NW2d 657 (1965).