Donationes Mortis Causa: Where there’s no will, there’s a way

Edward Cumming and Timothy Sherwin bring the doctrine of deathbed gifts up to date ‘It is in the very nature of a donatio mortis causa (DMC) that it is conditional on the donor’s eventual death, and that it is the donor’s death which perfects the gift.’ In this article, we consider donationes mortis causa (DMCs), …
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Jurisdiction: Out of place

Matthew Howson examines the lessons from Winkler v Shamoon [2016] ‘The presence of an Israeli estate, Israeli personae and all the other claims in Israel meant that Israel was clearly the most natural and convenient forum for the claim.’ Sami Shamoon (Mr Shamoon) had a remarkable life. Born in the 1930s to an Iraqi Jewish …
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Zeital v Kaye & ors [2010] EWCA Civ 159

Wills & Trusts Law Reports | April 2016 #158

The appeal concerned a dispute over the beneficial ownership of the sole two issued shares in a company in liquidation (the company). The company was incorporated by the deceased in 1988. The shares were originally issued to the company’s formation agents, a Mr Ashok Kumar and Mrs Kamlesh Kumar. Each signed an undated blank stock transfer form in relation to the share he/she held, leaving blank the transferee boxes. These forms came into the deceased’s possession.

In 1998 the company was struck off the register by the Registrar of Companies. In February 2004 the deceas...