donative intent

Donative intent is the deliberate desire to make a gift, not by mistake or under pressure. This excludes contractual obligations. In Mortellaro v. Mortellaro, the New York State Supreme Court, Appellate Division, found no donative intent where a bank account was opened in a spouse's name for convenience. In contrast, in Murgic v. Granite City Trust, the Illinois Appellate Court held that state law can create a presumption of donative intent when a joint account is formed.

[Last reviewed in July of 2025 by the Wex Definitions Team] 

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