In property law, figuring out if a gift is valid involves some clear rules. These rules help tell the difference between a gift and just saying you’ll give something. When deciding if a gift made while the giver is alive (called an "inter vivos gift") is valid, courts look for three main things:

1. Intent to Gift: The person giving the gift must really want to give it. You can tell someone’s intent by what they say or do. For example, if a person says, “I give you my car,” and hands over the keys, it shows they mean it.

2. Delivery: It’s important to actually give the property for it to count as a gift. There are two ways to deliver:

   • Actual Delivery: This means physically giving the property to the other person. For example, giving someone the title deed and keys to a house.
   • Constructive Delivery: Sometimes, you can't hand over the item directly, so courts allow other symbolic actions. For instance, if someone gives a key to a safety deposit box with the gift inside, that can count as delivery too.

3. Acceptance: The person receiving the gift has to accept it. Usually, if the gift makes the person happy, they are seen as accepting it. For example, if someone gets a painting and enjoys looking at it, that means they accepted it.

A good example of these points in action is the court case Gruen v. Gruen, where the court allowed a gift of a painting even though the giver still had it with them. The court saw clear intent, symbolic delivery (through a letter), and acceptance by the person getting the gift, showing how they check these factors closely.

It’s also important to mention that you don’t need to give something in return to make a gift valid. This is different from contracts, where something of value must change hands. So, a gift can be good even if there’s no money or services swapped.

In short, courts look at intent, delivery, and acceptance to decide if a gift is valid. This helps to understand how property can be transferred without needing any trade or payment.