Delivery for a valid inter vivos gift can be which of the following?

• A. Actual or constructive delivery
• B. Only physical delivery
• C. Only delivery by deed
• D. No delivery required if donor intends

Answer: (A)

The essential idea is that for an inter vivos gift to be valid, the donor must do more than simply intend to give something; there must be a delivery showing that the donor part with dominion over the item. Delivery can take two forms: actual delivery, where the item itself is handed to the recipient, and constructive delivery, where a symbol or means of control is given—enough to show the donor’s intent to part with ownership. Examples of constructive delivery include handing over the keys to property, the title or deed, or another object that gives the donee control over the gift, even if the physical item isn’t handed over directly.

Delivery by deed is not required for all gifts; for personal property, a deed isn’t the mechanism of transfer, and for real property, delivery of the deed is part of the process but not universally required in every situation to complete the gift. Also, just intending to give something is insufficient without delivery; there must be some delivery that allows the donee to control or possess the gift.

So, the best answer is that delivery can be actual or constructive.