Estate administration: For whom do you act?

A recent case shows the danger of conflict of interest when there is an apparent deathbed gift. Siân Hodgson reports ‘Each case will be considered on its facts but what is emphasised in this case is that where a donor has a fluctuating state of health, what is key is that imminent death from a …
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Donationes Mortis Causa: Where there’s no will, there’s a way

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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