References: [1937] Ch 423
Coram: Farwell J
Ratio: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 does not die then the gift is not to take effect and the donor is to have back the subject-matter of the gift. Secondly, the gift must be made in contemplation of death, by which is meant not the possibility of death at some time or other, but death within the near future, what may be called death for some reason believed to be impending. Thirdly, the donor must part with dominion over the subject-matter of the donatio”
This case is cited by:
- Cited – 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 . . - Cited – 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. . .
(This list may be incomplete)
Last Update: 02-Jul-16
Ref: 548014