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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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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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