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Gifts

13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
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Vallee v Birchwood [2013] EWHC 1449 (Ch), [2013] All ER (D) 46 (Jun)

The conditions which were essential to a valid donatio mortis causa were, first, that the gift had to be made in contemplation, although not necessarily in expectation, of impending death. Second, the gift had to be made upon the condition that it was to be absolute and perfected only on the donor’s death, being revocable until that event occurs and ineffective if it did not. Third, there had to be a delivery of the subject matter of the gift, or the essential indicia of title thereto, which amounted to a parting with dominion and not mere physical possession over the subject matter of the gift.

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
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Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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