Donatio Mortis Causa

Question 1

What is Donatio Mortis Causa

Answer 1

A conditional gift which becomes absolute only on death and it remains revocable until death.

Does nor have to comply with s9 Wills Act 1837

Person who is close to death may not have opportunity or time to have a formal will prepared.

AKA Hybrid gift

Question 2

Three requirements to prove Donatio Mortis Causa according to the case of Cain v Moon 1896

Answer 2

Donor must be contemplating impending death

Gift must be condition on Donors death

Donor must deliver Dominion of gift

Gift will lapse if donor does not die soon enough

Question 3

Name three cases where donor contemplating impending death

Answer 3

Re Cravens Estate

Wilkes v Allington 1931 - Gift still valid donor died of pneumonia not cancer

King v Chiltern Dog Rescue and Redwings horse Sanctuary 2015 - must be a sufficient reason not just old age. Agreed with case of Wilkes (6 weeks) but not Vallee v Birchwood 2013 (6 months). Sufficient opportunity to make a will. Open to abuse

Question 4

How can a donor revoke a DMC gift

Name a case

Answer 4

Condition can be inferred from circumstances

Gardener v Parker 1818

Gift handed over during last few days - condition relaxed

Question 5

What is dominion

Answer 5

Dominion can mean physical possession of the subject matter or some means of accessing the subject matter. Such as a key.

Or documents evidencing entitlement ro possession of subject matter