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18 October 2013 / Henrietta Mason , Luca Del Panta , Jag-Preet Kaur
Issue: 7580 / Categories: Features , Wills & Probate
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Willing participants?

Jag-Preet Kaur, Henrietta Mason & Luca Del Panta provide a wills & probate update

In Vallee v Birchwood [2013] EWHC 1449 (Ch), [2013] All ER (D) 46 (Jun), the claimant was the daughter of the deceased. She was adopted by family friends as a child. On a visit by the claimant the deceased gave her the deeds and key to his house, saying that he did not expect to live until her next visit (in four months) and stating his intention that she should have the property when he died. He lived in the house until his death. The claimant did not benefit on his intestacy as she had been adopted.

On appeal to the High Court against the county court’s finding of a valid donatio mortis causa (gift made in contemplation of impending death, (DMC)), applying Sen v Headley [1991] Ch 425, [1991] EWCA Civ 13 the court held that:

  1. dominion in respect of land did not mean actual ownership because of the conditional nature of a DMC;
  2. since
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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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