Wills & Trusts Law Reports | Autumn 2024 #196The claimant was a distant relative of the late Mr Al-Hasib Al Mahmood (the deceased) and had become increasingly close with the deceased in the period since the claimant had moved to England. The claimant, and the claimant’s wife, had provided a great deal of care and assistance to the deceased and the deceased’s wife. Eventually, the claimant had moved in with the deceased and his wife.
The claimant alleged that on two separate occasions, five days apart from one another, the deceased performed acts amounting to donationes mortis causa, in favour of the claimant, regard...
Wills & Trusts Law Reports | September 2015 #152June Margaret Fairbrother (deceased) lived at 12 Kingcroft Road, Harpenden (property) with a number of cats and dogs, of which she was very fond, as she had no children. It was common knowledge within her family that she intended to leave her estate to animal charities which she supported. By a will dated 20 March 1998 (last will) the deceased left her residuary estate to seven such charities (charities). The claimant, who was a nephew, came to live with the deceased, when she was 78 years old, in the summer of 2007. The arrangement was that he would care for his aunt in return for a hom...
Vallee v Birchwood clarifies the doctrine of donatio mortis causa. Jennifer Lee explains ‘The definition of mortis causa has been refined over the years by the common law and its scope construed more strictly, underpinned by a judicial unease about the nature of this type of gifts.’ This article aims to provide a short overview …
Continue reading "Donatio Mortis Causa: In contemplation of death"
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