Vallee v Birchwood clarifies the doctrine of donatio mortis causa. Jennifer Lee explains ‘The definition of mortis causa has been refined over the years by the common law and its scope construed more strictly, underpinned by a judicial unease about the nature of this type of gifts.’ This article aims to provide a short overview …
Continue reading "Donatio Mortis Causa: In contemplation of death"
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Wills & Trusts Law Reports | July/August 2013 #131On 6 August 2003, Cheryle Vallee (the claimant/respondent) visited her 93-year-old father Wlodzimierz Bogusz at his home. Ms Vallee, who lived abroad, told her father that she planned to visit next at Christmas. He replied that he might not be alive by then as he did not expect to live much longer. He handed over the deeds for his unregistered property, a house key, his war medals and a photograph album. The main asset of the estate was his property.
In December 2003 Mr Bogusz died intestate. Ms Vallee had been fostered and then later adopted after her mother and father’s m...
