Definition of Donation Inter Vivos

A donation inter vivos is a donation made during the lifetime of both the donor and the donee. This type of donation results in an effective transfer of title over the property from the donor to the donee. The transfer of ownership occurs from the moment the donation is perfected, which happens when the donor knows of the donee's acceptance.

For the donation of personal (movable) property, the formalities depend on its value. If the value exceeds Five Thousand Pesos (P5,000.00), the donation and the acceptance must be in writing. For the donation of real (immovable) property, both the donation and the acceptance must be in a public document, and the acceptance must occur during the lifetime of the donor. Notification of the acceptance to the donor is required, and lack thereof renders the donation void. Donations inter vivos cannot include future property.