Earlier in the year, just before jack underwent some surgery, Jack told max that if he did not survive the operation, he wanted max to have his car, boat and skidoo. Jack survived the surgery but later died in the car crash. Which of the following statements is true? (one answer)

1- The car, boat and skidoo do not form part of Jack's estate because jack granted a donatio mortis causa (DMC).

2- a DMC is not recognized between same-sex couples

3- max is not entitled to receive the car, boat and skidoo

4- max is entitled to receive the car, boat and skidoo because jack granted his a DMC