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Birch -v- Treasury Solicitor; CA 1951

References: [1951] Ch 298
Coram: Lord Evershed MR
Ratio: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 required by the Wills Act.’
Statutes: Wills Act 1837
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 . .

(This list may be incomplete)

Last Update: 02-Jul-16
Ref: 548013


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