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Update. Private client: death-bed gifts

Update. Private client: death-bed gifts

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2013) Update. Private client: death-bed gifts. Solicitors Journal, 157 (35). pp. 30-31. ISSN 0038-1152

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This article considers whether there can be a donatio mortis cause when the subject-matter of the gift is land. The point was addressed by the Court of Appeal in Sen v Hedley [1991] 1 Ch 425 which held that, if there was delivery of the documents of title (in the form of the title deeds),that would normally constitute a parting with dominion necessary to effect a valid death-bed gift. The point has now arisen again in the recent case of Vallee v Birchwood [2013] EWHC 1449 (Ch), which forms the basis of this article.

Item Type: Article
Uncontrolled Keywords: donatio mortis cause, land, gift, parting with dominion, indicia of title, contemplation of death, conditional on death, delivery of title
Subjects: K Law > KD England and Wales
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
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Last Modified: 14 Oct 2016 09:25

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