Property that Wills or intestacy rules can not give away

Question 1

What are the conditions Donatio mortis Causa

Answer 1

Death Bed Gift Three conditions must be met
Gift given in contemplation of death
Gift conditional of death
Donor must part with the gift

Question 2

Gift given in contemplation of death

Answer 2

death must be impending/imminent from a known cause but need not be immediate

Question 3

Gift Conditional of death

Answer 3

Death must take place for the gift to take effect and donor intended for it to be given unconditionally on death

Question 4

Donor must part with the gift

Answer 4

The gift must be physically handed over or its means of control handed over ie deeds for property stock/share certificates. all keys to vehicles and/or log book

Question 5

Joint Ownership

Answer 5

Property that is owned Jointly passes by rule of Survivorship outside of the estate

Question 6

Life Assurance/Pensions

Answer 6

Policy holder Under S11 Married Womans Property Act 1882 can created an implied trust in favor of spouse/civil partner and/or Children providing funds are nominated therefore do not form part of the estate

Question 7

Nominations types

Answer 7

Statutory/Non Statutory
Statutory - beneficiary over the age of 16 - removes the need for a will but now not really applicable
Non Statutory include death benefits such as pensions/life assurance policy’s nominations must be in writing and whilst not binding but discretionary most will follow it

Question 8

Trust interests and property

Answer 8

Life tenanat, Discretionay Trust