It has been held that whether the donation is inter vivos or mortis causa depends on whether the donor intended to transfer ownership over the properties upon the execution of the deed.[10] In Bonsato v. Court of Appeals,[11] this Court enumerated the characteristics of a donation mortis causa, to wit:
| (1) |
It
conveys no title or ownership to the transferee before the death of the
transferor; or, what amounts to the same thing, that the transferor
should retain the ownership (full or naked) and control of the property
while alive;
|
| (2) |
That before his death, the transfer should be revocable by the transferor at will, ad nutum;
but revocability may be provided for indirectly by means of a reserved
power in the donor to dispose of the properties conveyed;
|
| (3) |
That the transfer should be void if the transferor should survive the transferee.
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