Donatio Mortis Causa

Question 1

What is the third exception to the maxim ‘equity will not perfect an imperfect gift’?

Answer 1

Donatio Mortis Causa

Question 2

What is the case that says that the claimant must prove on balance of probabilities that all pre-requisites for valid DMC have been met?

Answer 2

|— Caim v Moron -> gift made in contemplation of death; delivery of subject matter to the donee, and circumstances of gift demonstrate it can be revoked if the death does not occur

Question 3

What are the 5 cases that say that gifts must be made in contemplation, though not necessary expectation of death?

Answer 3

|— Bentham v Potterton -> identified 3 essentials to constitute DMC - failed to establish gift made in contemplation of death where hospitalised donor asked one p to retrieve and keep bankbooks stating if anything happened she was to keep contents and give sisters some money - it was not clear whether she had realised seriousness of her medical condition
|— Valley v Birchwood - valid DMC created where father your daughter keys and certain deuds (???) to house, and died intestate months later, after stating he wouldn’t see het at Christmas, as he would be dead - even when donor retained physical possession of the property for a period.
|— King v Chiltern Dog Rescue -> donor must be contemplating death in the near future for a reason, not enough to be old
|— Re Rudman -> DMC created prior to suicide is invalid, as suicide was decriminalised, the decision may not be followed
|— Mills v Shields -> DMC created by donor suffering from terminal illness, who later commit suicide may still be valid. It does not matter that the cause of death is different from the manner feared

Question 4

What are the 5 cases that say that subject matter of gift must have been delivered to donee - delivery may be constructive?

Answer 4

|— Jones v Sebry -> donor gave donee only key to unlock safety deposit (???) containing subject matter of DMC - constructive delivery
|— Sen v Headley -> land may form subject matter of DMC and dominion effected by donor handling over the title deeds to donee
|— Mills v Shields - where documents are required to be signed to complete transfer of property forming subject matter, they must be signed before delivery takes place, for example - shares in company
|— Re Mulray -> no DMC created where deceased opened cash box, showed contents (cheques + deposit receipt) and locked box and kept keys - conclusive evidence that the deceased had never intended to loose control of property during his lifetime - no delivery!
|— Keeling v Keeling - shows how courts require all requirements to be met before allowing the rules of wills and intestaky to be displaced

Question 5

What are the 2 cases that says that gifts must be made under such circumstances that show it may be revoked should donor recover and that it will become indefeasible in the event of death?

Answer 5

|— Agnew v Belfast Banking Corporation - clarified that gift is not only incomplete until death, but also depends on it, and where donor recovers from illness, revocation can automatically occur.
|— Re Dillington - conditional nature of gifts does not have to be expressed, it can be implied by ciscumstances
Bonus:
DMC Revocation:
- if donor recovers
- if donor says it is revoked
- if donor recovers dominion over the property
- DMC cannot be revoked by a will