The importance of making a properly executed will

A landmark Court of Appeal decision has reinforced the importance of making a properly executed will.

King v The Chilterns Dog Rescue [2015] EWCA Civ 581 overturns a 2014 High Court ruling based on the little known doctrine of donatio mortis causa, that the deceased, Mrs Fairbrother, had verbally gifted her property to her nephew before her death, overriding the wishes set out in her will.

However, the claim hinged on comments made four months before death, and the court held that Mrs Fairbrother had no reason to expect to die soon, and adequate opportunity and capacity to change her will.

Charlotte Watts, partner at Wilsons, who acted for the appellants, said the court had made it clear that it would “not look favourably” on attempts to override a properly executed will by making a weak claim to a “death bed gift”.