13 June 2013
Vallee v Birchwood [2013] EWHC 1449 (Ch), [2013] All ER (D) 46 (Jun)
The conditions which were essential to a valid donatio mortis causa were, first, that the gift had to be made in contemplation, although not necessarily in expectation, of impending death. Second, the gift had to be made upon the condition that it was to be absolute and perfected only on the donor’s death, being revocable until that event occurs and ineffective if it did not. Third, there had to be a delivery of the subject matter of the gift, or the essential indicia of title thereto, which amounted to a parting with dominion and not mere physical possession over the subject matter of the gift.
