Donationes Mortis Causa: Where there’s no will, there’s a way

XXIV Old Buildings (Chambers of Alan Steinfeld QC) | Trusts and Estates Law & Tax Journal | September 2017 #189
Edward Cumming and Timothy Sherwin bring the doctrine of deathbed gifts up to date ‘It is in the very nature of a donatio mortis causa (DMC) that it is conditional on the donor’s eventual death, and that it is the donor’s death which perfects the gift.’ In this article, we consider donationes mortis causa (DMCs), …

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Proprietary Estoppel: Down on the farm

Tanfield Chambers | Property Law Journal | December 2016/January 2017 #347
Rebecca Cattermole highlights the current position on the doctrine of estoppel in the context of recent case law ‘It was a useful working hypothesis to take a sliding scale by which the clearer the expectation, the greater the detriment.’ The case of Moore v Moore [2016] is the most recent illustration of the treatment of …

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Proprietary Estoppel: Considering detriment

Guildhall Chambers (Chambers of James Townsend) | Trusts and Estates Law & Tax Journal | October 2016 #180
William Batstone examines the Court of Appeal decision in Davies v Davies [2016] ‘Detriment need not be quantifiable financial detriment, but it must be substantial and it must be weighed against any countervailing benefits.’ Tegwyn and Mary Davies have farmed in West Carmarthenshire since 1961 and they continue to do so now in their mid-seventies. …

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