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), …
Continue reading "Donationes Mortis Causa: Where there’s no will, there’s a way"
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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 …
Continue reading "Jurisdiction: Out of place"
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Wills & Trusts Law Reports | April 2016 #158The 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...
Curtis v Pulbrook clarifies how the court treats imperfect gifts, as Tracey Angus reports ‘It is not open to the court to find that a donor intended to create a trust when he clearly intended to make a gift but failed to do so.’ The decision of Briggs J in Curtis v Pulbrook [2011] clears …
Continue reading "Equity: Gifts made good"
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