Question

Tom plans to convey a parcel of land to his friend Alice as a gift. He prepares a deed, signs it, and is on his way to Alice’s house to give it to her when he dies of a heart attack. Alice and Bob are the first ones to find him and discover the deed clutched in his hand. Alice later records the deed, but Tom’s heirs challenge the validity of the conveyance. What do you expect a court would rule in this situation?

Answer 1

After reading the passage about Tom's deed, we can say the court would rule the following in this situation:

Tom's intent to convey the property to Alice was ineffective since he died before he was able to deliver the deed.

Failure to deliver a deed:

• Although we know that Tom had the intention of conveying a parcel of land to Alice, his friend, that intention will not be enough in court since Tom failed to deliver the deed.

• Without delivery, nothing passes from the titleholder to the grantee, that is, from Tom to Alice, in this situation. The deed must be delivered before Tom's death for it to be valid. Therefore, a court would rule against Alice in this case.

Learn more about deeds here:

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