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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

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Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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