Express Trusts - DMC Flashcards
defined in
Re Beaumont 1902
Defined as….
The delivery of property to a donee in contemplation of the donor’s death, which is conditional on this event occurring & the gift is not regarded as complete until the donor dies.
Cain v Moon 1896
- Must have been in contemplation (not expectation) of death
- Subject matter must have been delivered
- Made in such circumstances to show property would revert back to the donor should he/she recover
Claims without evidence danger
Wilson v Paniani 1996
Onus lies on party claiming gift to prove requirements
Bentham v Potterton 1998
Danger of abuse of the doctrine
LRC (Making a Will Consultation Paper) 2017
circumstances where the potential for fabrication by the donee is high
King v Dubry 2016
‘positively intended to make radical change in disposition of property in contemplation of her death’ not satisfied
Bentham v Potterton 1998 Barr J
not generic fear of death but contemplation of specific risk
Wilkes v Allington 1931
DMC not defeated by fact that donor did not die in manner he feared
Mills v Shields 1948 Gavan Duffy P
No DMC when suicide was illegal
Agnew v Belfast Banking 1896
Delivery of Subject Matter ….
must pass some essential element/indicia of the gift
Chattel…
must pass on essential indicia/ some means of getting control over the thing
key to box where object was held
valid Re Lillington 1952
Locked box without the key
invalid Re Johnson 1905
access given to servant to pass to donee
invalid Re Thompsons Estate 1928
delivery was made to priest to pass to donee
valid Mills v Shields 1948
Title deeds passed
Sen v Headly 1991
Title deeds and key passed but remained in possession
Valee v Birchwood 2014
Stocks & shares cannot form DMC because…
share cert is not a vital document which forms ‘fundamental contract between company & its members’
Savings book rejected
M’Gonnell v Murray 1869
Savings book permitted
Hearty v Coleman 1954
Conditional on Death
Agnew v Belfast Banking 1869 Lord Porter
