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Willing participants?

18 October 2013 / Henrietta Mason , Luca Del Panta , Jag-Preet Kaur
Issue: 7580 / Categories: Features , Wills & Probate
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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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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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