What are the elements required for a valid gift under Ohio law?

Under Ohio law, a valid gift requires three fundamental elements: donative intent, delivery, and acceptance.

Donative intent refers to the clear intention of the donor to transfer ownership of the property to the recipient without expecting anything in return. This intent must be genuine and communicated effectively through actions or statements.

Delivery is the act of transferring possession of the property from the donor to the donee. This can be accomplished through actual delivery, where the donor hands over the item, or constructive delivery, where the circumstances allow for a legal transfer of possession even if the physical item isn't handed over directly (for example, handing over the keys to a car).

Acceptance involves the donee's agreement to receive the gift. Acceptance can be expressed verbally or through conduct that indicates the donee's willingness to accept the gift.

All three elements must be present for a gift to be considered legally valid in Ohio. This framework supports the notion of a gift being a voluntary transfer, which is essential to uphold the integrity of informal transactions that do not involve a contractual obligation.