References: [2015] WLR(D) 245, [2015] EWCA Civ 581
Links: Bailii, WLRD
Coram: Jackson, Patten, Sales LJJ
Ratio: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 the estate as reasonable financial provision. The principal issue was whether the deceased’s words and conduct a few months before her death gave rise to a donatio mortis causa.
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 . . - Appeal from – King v Dubrey and Others ChD (Bailii, [2014] EWHC 2083 (Ch))
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. . . - Cited – Birch v Treasury Solicitor CA ([1951] Ch 298)
Lord Evershed MR stated: ‘the courts will examine any case of alleged donatio mortis causa and reject it if in truth what is alleged as a donatio is an attempt to make a nuncupative will, or a will in other respects not complying with the forms . . - 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 . . - Disapproved – Vallee -v- Birchwood ChD (Bailii, [2013] EWHC 1449 (Ch))
On 6th August 2003 R visited D, her elderly father. He appeared to be in poor health and was coughing. R said that she would next visit him at Christmas. D said that he did not expect to live very much longer and that he might not be alive at . .
(This list may be incomplete)
Last Update: 13-Jul-16
Ref: 547670