11/09/2023
GIFTS MADE IN CONTEMPLATION OF MARRIAGE, HOW TREATED?.
The general rule remains that, gifts are not returnable. However, where they are made conditional, the court has the power to order that a gift should be returned to the giver (Donor) by the receiver( Donee) expecially where the condition upon which the gift was given fails to crystalize.
Yes! Where a gift is made with an intention that the donor will marry the donee, such a gift will fail if the donee failed to marry the donor as contemplated. Put in another way, where Jack gifted a car to Jane and told Jane that "I'm giving you this car so that you can use it after our marriage", the condition for the gift here was predicated on marriage. Meanwhile, if the marriage contemplated before gifting the car to Jane failed to take place, such gift is returnable to Jack.
However, the courts will always consider the circumstances of each case before holding that the donee of a gift is liable to return same to the donor. Eg. In the English Case of P.S. v H.R. 2016 BCSC 2071, a claim for the return of a gift ( a $17,000 engagement ring) made in contemplation of marriage arising from a whirlwind relationship of three months that abruptly ended due to the Plaintiff’s (Donor) abusive behaviour, was held not returnable.
FACTS:
During the brief relationship, the Plaintiff was a wealthy man and also paid down the defendant’s mortgage in the amount of $85,000 in November without any prompting by the Defendant .
The Plaintiff alleged that the gifts were conditional gifts, in contemplation of marriage and should be repaid. The Defendant contended the gifts were absolute and not conditional and that she is entitled to retain them. The ring was purchased on October 30,2013 and they became engaged on Christmas day that same year.
The Defendant later returned the ring to the jewellery store and exchanged it for several pieces of jewellery. The Court held that the gifts were absolute.
