References: [2014] EWHC 2083 (Ch)
Links: Bailii
Coram: Charles Hollander QC
Ratio:The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying that she was giving the house to him. He said it was a donatio mortis causa gift.
Statutes: Inheritance (Provision for Family and Dependants) Act 1975
This case cites:
- Cited – Cosnahan -v- Grice PC ([1862] EngR 910, Commonlii, (1862) 15 Moo PC 215, (1862) 15 ER 476, Bailii, [1862] UKPC 12)
Isle of Man – The Board emphasised the burden of proof in claims to have received a donatio mortis causa: ‘Cases of this kind demand the strictest scrutiny. So many opportunities, and such strong temptations, present themselves to unscrupulous . . - Cited – In Re Craven’s Estate ChD ([1937] Ch 423)
Farwell J set out the conditions to be met to establish a claim of donatio mortis causa: ‘The conditions which are essential to a donatio mortis causa are, firstly, a clear intention to give, but to give only if the donor dies, whereas if the donor . . - Cited – Sen -v- Headley CA (Bailii, [1991] EWCA Civ 13, [1991] Ch 425)
D, who was in hospital and near death, said to R (his former partner): ‘The house is yours, Margaret. You have the keys. They are in your bag. The deeds are in the steel box.’ After D’s death R discovered that D had put had put into her bag the only . .
(This list may be incomplete)
This case is cited by:
- Appeal from – King v The Chiltern Dog Rescue and Another CA (Bailii, [2015] WLR(D) 245, [2015] EWCA Civ 581, WLRD)
This is an appeal by charities who are entitled to inherit under a will against a decision that (a) the deceased transferred her house to her nephew by a donatio mortis causa, alternatively (b) the nephew is entitled to recover £75,000 against . .
(This list may be incomplete)
Last Update: 12-Jul-16
Ref: 537773