GA Code § 44-5-80 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 4 - Gifts Generally|Part 1 - Inter Vivos Gifts|§ 44-5-80. Criteria for Making Valid Inter Vivos Gift

 To constitute a valid inter vivos gift, the following criteria must be met:    The donor must intend to give the gift;   The donee must accept the gift; and   The gift must be delivered or some act which under law is accepted as a substitute for delivery must be done.    (Orig. Code 1863, § 2614; Code 1868, § 2615; Code 1873, § 2657; Code 1882, § 2657; Civil Code 1895, § 3564; Civil Code 1910, § 4144; Code 1933, § 48-101.)   Law reviews.   - For article, "Multiple Party Accounts: Georgia Law Compared with the Uniform Probate Code," see 8 Ga. L. Rev. 739 (1974). For article, "Are We Witnessing the Erosion of Georgia's Separate Property Distinction?," see 13 Ga. St. B.J. 14 (2007). For article, "The Renewed Significance of Title in Dividing Marital Assets," see 16 (No. 6) Ga. St. B.J. 24 (2011). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012). For note discussing the treatment of joint bank accounts in Georgia, with regard to survivorship and testamentary effect, prior to the enactment of the Financial Institutions Code of Georgia, see 7 Ga. St. B.J. 370 (1971). For comment on Felder v. Felder, 71 Ga. App. 860, 32 S.E.2d 550 (1944), see 7 Ga. B.J. 478 (1945).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Intent   Acceptance   Delivery    RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, §§ 13, 16, 30.   C.J.S.   - 38 C.J.S., Gifts, § 11.   ALR.    - Rights in respect of payments made on a note or check which is the subject of a gift, 49 A.L.R. 684.    Gift or trust by deposit of funds belonging to depositor in a bank account in the name of himself and another, 66 A.L.R. 881.    Gift of savings deposit by delivery of passbook, 84 A.L.R. 558.    May unconsummated intention to make a gift of personal property be made effective as a voluntary trust, 96 A.L.R. 383; 123 A.L.R. 1335.    Necessity of delivery of stock certificate to complete valid gift of stock, 99 A.L.R. 1077; 23 A.L.R. 1171.    Admissibility of declarations by donor subsequent to alleged gift, on issue as to gift, 105 A.L.R. 398.    May proof of delivery essential to gift rest upon subsequent declarations of donor, 124 A.L.R. 1391.    Rights of beneficiary under obligation or deposit payable to him at death of holder or depositor if not previously paid to latter, 131 A.L.R. 967; 155 A.L.R. 174; 161 A.L.R. 304.    Surrender, by holder, of certificate of corporate stock, and issuance of a new certificate to him and another, as effective create a gift or a trust, 153 A.L.R. 934.    Improvidence of donor as affecting validity of gift, 160 A.L.R. 1133.    Judicial decisions involving United States war savings bonds, 168 A.L.R. 245.   Implication of gift in inter vivos trust instrument, 11 A.L.R.2d 681.   Transfer by inter vivos trust of insurance policies upon settlor's life as in contemplation of death for tax purposes, 17 A.L.R.2d 787.   Donor's own check as subject of gift, 38 A.L.R.2d 594.   Nature and validity of gift made in contemplation of suicide, 60 A.L.R.2d 575.   Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946.   Gift of automobile, 100 A.L.R.2d 1219.   Joint lease of safe-deposit box as evidence in support or denial of gift inter vivos of contents thereof, 40 A.L.R.3d 462.   Creation of joint savings account or savings certificate as gift to survivor, 43 A.L.R.3d 971.   Delivery of personalty to third person with directions to deliver to donee after donor's death as valid gift, 57 A.L.R.3d 1083.   Issuance of stock certificate to joint tenants as creating gift inter vivos, 5 A.L.R.4th 373.   Wills: gift to persons individually named but also described in terms of relationship to testator or another as class gift, 13 A.L.R.4th 978.   Inter vivos gift of remainder in chattel, 83 A.L.R.4th 966.   Validity of charitable gift or trust containing gender restrictions on beneficiaries, 90 A.L.R.4th 836.   Rights in respect of engagement and courtship presents when marriage does not ensue, 44 A.L.R.5th 1.