Like dandelions, disputed gift cases pop up every year. Three new decisions together constitute an excellent tutorial, particularly on the sometimes knotty issues of when is a relationship “confidential” and what is “clear and convincing” proof.
To begin, the three requirements for a valid inter-vivos gift remain the same. As stated by the Court of Appeals: “There must exist the intent on the part of the donor to make a present transfer; delivery of the gift, either actual or constructive to the donee; and acceptance by the donee.” Gruen v. Gruen.1
