Market leading insight for tax experts
View online issue

The private client briefing for July 2015

Andrew Goldstone and Victoria Howarth (Mishcon de Reya) review the latest private client developments that matter.
 

King: requirements for valid DMC

In King v The Chiltern Dog Rescue and others [2015] EWCA Civ 581 the Court of Appeal has overturned the High Court decision in King v Dubrey [2014] EWHC 2083. The court set out the three requirements for a valid donatio mortis causa (DMC). They are:
  • the donor contemplates her impending death;
  • the donor makes a gift which will only take effect if and when her contemplated death occurs and until then D has the right to revoke the gift; and
  • the donor delivers ‘dominion’ over the subject matter of the gift to the recipient.
In this case the gift involved an aunt purportedly saying of her unregistered property to her nephew...

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top