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Gift – Donatio mortis causa. The claimant commenced proceedings seeking a declaration that his aunt had left him her house following a donatio mortis causa. Two of the charities which had been named beneficiaries in her will, unsuccessfully defended that claim and appealed. The Court of Appeal, Civil Division, clarified the requirements of a donatio mortis causa and warned against any extension of the doctrine towards other situations. The charities' appeal was allowed as two of the three requirements for a donatio mortis causa had not been met. The judge's hypothetical award for reasonable financial provision for the claimant under the Inheritance (Provision for Family and Dependents) Act 1975 was upheld as there had been no error of law and the figure arrived at had not been outside the permissible bracket.
Gift – Donatio mortis causa. The claimant commenced proceedings seeking a declaration that his aunt had left him her house following a donatio mortis causa. Two of the charities which had been named beneficiaries in her will, unsuccessfully defended that claim and appealed. The Court of Appeal, Civil Division, clarified the requirements of a donatio mortis causa and warned against any extension of the doctrine towards other situations. The charities' appeal was allowed as two of the three requirements for a donatio mortis causa had not been met. The judge's hypothetical award for reasonable financial provision for the claimant under the Inheritance (Provision for Family and Dependents) Act 1975 was upheld as there had been no error of law and the figure arrived at had not been outside the permissible bracket.
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