header-logo header-logo

13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
printer mail-detail

Gifts

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll