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CIVIL CODE OF SAINT LUCIA
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Section I   The Capacity to Give and to Receive by Gift Inter Vivos

Revised Laws of Saint Lucia (2021)

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Section I   The Capacity to Give and to Receive by Gift Inter Vivos

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    702.   All persons capable of disposing freely of their property, may do so by gift inter vivos, save the exceptions specified in this Code.

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    703.   Gifts inter vivos are void, as presumed to be in contemplation of death, when made by the donor during an illness supposed to be mortal, whether it be followed or not by his death, unless circumstances tend to render them valid.

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    If the donor recover from his illness, and leave the donee in peaceable possession for 2 years, the nullity is covered.

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    704.   Minors cannot give inter vivos, even with the assistance of their tutors, unless it be by their contract of marriage, as provided in the Book respecting Obligations.

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    Minors who are married may nevertheless give movable articles, according to their condition and means, and provided they do not materially affect their capital.

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    Tutors, curators and other administrators cannot give the property entrusted to them, except things of moderate value, in the interest of their charge.

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    Public corporations, even those having power to alienate, besides the special provisions and formalities which concern them, cannot give gratuitously without the sanction of the authorities to whom they are subject and of the main body of corporators. Those who administer generally for corporations may nevertheless give alone, within the limits above defined as to tutors and curators.

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    Private corporations may give inter vivos in the same manner as individuals, with the consent of the main body of corporators.

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    (Amended by Act 34 of 1956)

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    705.   The prohibitions and restrictions respecting gifts and benefits bestowed by future spouses in case of second marriages no longer exist.

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    706.   Any person capable of succeeding and of acquiring may receive by gift inter vivos, saving any exception established by law, but is not responsible in respect of the gift unless he or she accepts in person or by some one qualified to do so on his or her behalf.

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    707.   Corporations may acquire by gifts inter vivos, as by other contracts, such property as they are allowed to possess. (Substituted by 34 of 1956)

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    708.   Persons who have been under the control of others, cannot give inter vivos to their former tutors or curators, if their accounts have not been rendered. They may, however, give to their own ascendants who have exercised these offices.

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    709.   (Repealed by Act 4 of 1988)

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    710.   Gifts inter vivos made in favour of ministers of religion, of physicians and others attending the donor with the view of restoring his or her health, or of advocates and attorneys engaged in lawsuits in his behalf, are presumed to be invalid, but may be confirmed by the Court in whole or in part. Transfers made under the above circumstances, even when apparently under the form of onerous contracts, are presumed to be gifts inter vivos, and are liable to be impugned as such.

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    711.   (Repealed by Act 34 of 1956)

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    712.   The capacity to give or to receive inter vivos is to be considered relatively to the time of the gift. It must exist at each period, with the donor and with the donee, when the gift and the acceptance are effected by different acts.

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    It suffices that the donee be conceived at the time of the gift or when it takes effect in his or her favour, provided he or she is afterwards born viable.

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    713.   The favour extended to contracts of marriage renders valid the gifts therein made to the children to be born of the intended marriage.

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    It is not necessary that the substitute should be in existence at the time of the gift by which the substitution is created.

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    714.   A gift inter vivos of the property of another is valid if the donor subsequently become proprietor of it.

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    715.   Dispositions made in favour of persons incapable of receiving are void, whether they are concealed under the form of onerous contracts, or executed in the name of persons interposed.

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    The ascendants, the descendants, the presumptive heir at the time of the gift, and the spouse of the incapable person are held to be interposed, unless relations of kindred, or of services rendered, or other circumstances tend to destroy the presumption.

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    This nullity takes place even when the person interposed survives the person who is incapable.

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    716.   Children of a deceased person cannot claim legitimacy in respect of gifts inter vivos made by him or her.

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